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Item #07 Approval to Piggyback on Oviedo's Contract for Bulk Sodium Hypochlorite , center of Good 1./ ~~e_ I'~ ~ AGENDA ITEM COVER SHEET Meeting Date: January 5, 2010 Item # 7 Contact Name: Contact Number: Charles K. Smith, P.E. 407 -905-3159 Subject: Piggybacking on Oviedo's Contract for Bulk Sodium Hypochlorite Background Summary: The Utilities Department utilizes liquid chlorine as its disinfecting agent in the treatment of its potable water and wastewater. The department anticipates for water the purchase of 76,000 gallons of chlorine this fiscal year for a total annual budgeted amount of $60,420. The department also anticipates for wastewater the purchase of 63,875 gallons of chlorine this fiscal year for a total annual budgeted amount of $50,780.63. Total expenditures for the fiscal year should not exceed $111,200.63. The City has been procuring chlorine from Odyssey Manufacturing, in which Odyssey has extended their contract conditions (piggybacking) from their contract with the City of Oviedo, awarded October 5, 2009 by City of Oviedo Resolution No. 2043-09. Staff recommends the City of Ocoee accept the terms of this contract, effective January 1, 2010 and valid for one year, with two, one-year renewal periods for a total of three years. Odyssey's contractual price with Oviedo is $.70 per gallon, a savings of $.095 per gallon from the contract with Pembroke Pines, from which the City of Ocoee is currently piggybacking. Issue: Should the Commission approve the use of the contractual conditions of Odyssey Manufacturing with the City of Oviedo for the procurement of liquid chlorine needed for water and wastewater treatment for a savings of $.095 per gallon? Recommendations Motion to approve and authorize the City manager to procure liquid chlorine from Odyssey Manufacturing, piggybacking the City of Oviedo's contract (#09-20) for as long as the contract is valid. Attachments: Letter from Odyssey extending the contract conditions, Odyssey's contract with the City of Oviedo and executed copy of City of Oviedo Resolution No. 2043-09. Financial Impact: The Utilities Department's fiscal year budget includes $68,400 for water and $57,487.50 for wastewater for the procurement of liquid chlorine. The reduced cost of the liquid chlorine from Oviedo's contract will ensure that the Department stays under budget for the fiscal year. Type of Item: (please mark wifh an "x'J Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Deaf Use: _____ Consent Agenda _____ Public Hearing Regular Agenda 1 _ Original DocumenVContract Attached for Execution by City Clerk ~ _ Original DocumenVContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A 2 ~.... RESOLUTION NO. 2043-09 A RESOLUTION OF THE CITY OF OVIEDO, FLORIDA, A WARDING BID NO. 09-20 TO SHANNON CHEMICAL CORPORATION, AIRGAS SPECIALTY PRODUCTS, INC., DUMONT COMPANY, AND ODYSSEY MANUFACTURING COMPANY FOR THE PURCHASE AND DELIVERY OF WATER PLANT CHEMICALS NECESSARY FOR THE OPERATION OF THE CITY'S WATER TREATMENT PLANTS; REJECTING ALL BIDS FOR THE PURCHASE OF SULFURIC ACID AND SODIUM HYDROXIDE; AUTHORIZING THE EXPENDITURES; AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Oviedo's Water Treatment Facilities use a variety of chemicals in the daily treatment and purification of water; and WHEREAS, the City advertised for Bids in the Orlando Sentinel on August 9, 2009; and WHEREAS, a total of fourteen (14) bid responses were received of which four (4) were "no- bids" and two (2) were unresponsive; and WHEREAS, only one responsive bid was received for the purchase of Sulfuric ~cid; and WHEREAS, Hareros Chemicals, Inc., low bidder for Sodium Hydroxide is unable to meet the requirements of the City necessary for award; and WHEREAS, the low, responsive bidders for the remaining chemicals included in the bid are as follows: Zinc Orthophosphate $ 11,180.40 Ammonia Hydroxide (bulk) $ 11,768.00 Ammonia Hydroxide (drums) $ 13,640.00 Fluoride $ 28,121.60 ~~Q9~~_)YBP.8~W1r<.~hl~f/:{",~j)A;SOOID NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OVIEDO, FLORIDA, AS FOLLOWS: 1) Shannon Chemical Corporation 2) Airgas Specialty Products 3) Dumont Company SECTION 1. The City Council awards Bid No. 09-20 to Shannon Chemical Corporation, Airgas Specialty Products, Dumont Company, Hareros Chemicals, Inc. and Odyssey Manufacturing Company for purchase and delivery of the chemicals listed above. SECTION 2. The City Council hereby rej ects all bids for the purchase of Sulfuric Acid and Sodium Hydroxide. -~ SECTION 3. The City Council hereby authorizes the expenditures for Water Plant Chemicals as budgeted for FY 2009-10. ~ SECTION 4. The City Council hereby authorizes the City Manager to enter into agreements with the above four suppliers. SECTION S. The City Council hereby authorizes the City Manager to execute contracts for secondary suppliers based on the bid tabulation for these chemical purchases should the primary vendors become unable to supply timely chemical delivery or adequate supply. SECTION 6. Conflicts. All Resolutions or parts of Resolutions in conflict with any ofthe provisions of this Resolution are hereby repealed. SECTION 7. Severability. If any Section or portion of a Section ofthis Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section of part of this Resolution. SECTION 8. Effective Date. This Resolution shall take effect immediately upon its passage by the City Council of the City of Oviedo, Florida. PASSED AND ADOPTED THIS Stb Day of October, A.D. 9. r- D C PERSAMPIERE DEPUTY MAYOR of the City of Oviedo, Florida ATTEST: /~~ CITY CLERK ".,,: ~.,I ,. '~'I""I "", C J r y "'" ~~- .........., 0 ~ ::" ~ .... -".. ~ ~.~ :: .4 -. j: (jl) .~:. ...: ~ .' - .ji" : ..... _. L.' J :. : . . ....... . . ~ : ~ > .: ': .. ; .:. ~ e-. r-' ... & ~ ....., .... ..~ ^' ~ ... .. .......~ () .. "'" VQ\~ ..... ".a"..... .....,1...... Resolution No. 2043-09 Page 2 .. ODYSSEY MANUFACTURING CO. December 14,2010 Mr. Charles Smith, P.E. Public Works Director Gity of Ocoee Wastewater Treatment Plant 1800 A.D. Mims Road Ocoee, Florida 34761 Re: PROPOSAL TO SUPPLY BULK SODIUM HYPOCHLORITE TO THE CITY OF OCOEE UTILITIES DEPARTMENT FOR FY 2010 Dear Charles, As a follow-up to our meeting last week, the purpose of this letter is to amend our previous proposal to supply sodium hypochlorite at your Utilities in bulk deliveries for next year effective January 1, 2010 through December 31, 2010. As you know, you have been "piggybacking" off of the City of Pembroke Pine's sodium hypochlorite bid for the past year at a delivered price of $.795 per gallon since October I, 2008 (this was a two-year agreement). Over the past few months, commodity prices for this item have dropped some in the marketplace and the most recent bid in the "Orlando area" was for the City of Oviedo which recently re-bid this contract and Odyssey was selected as the low evaluated Bidder at a unit price of$.70 per gallon at their City Council meeting in October 2009. As such, Odyssey Manufacturing is pleased to offer the City of Ocoee Utilities Department its Ultra Chlor 12.5% sodium hypochlorite at a unit price of$.70 per gallon effective January 1,2010 through December 31, 2010 to your "bulk" tanks at any of your Utility sites that are tanker accessible (NET 30). This price is fixed and not subject to any escalation or fuel or other surcharges during this period. The City ofOcoee would "piggyback" off the City of Oviedo's recent sodium hypochlorite bid. I have attached a copy of the bid package, bid and bid tab and renewal infonnation. Susan Sheikh is the Purchasing Buyer for the City of Oviedo @407-971-5650. Odyssey guarantees deliveries on 48 hours notice. However, in no event, will Odyssey Manufacturing ever let you run out of bleach for any reason and will make emergency deliveries on a much shorter notice with no minimum delivery required at no additional charge. As we discussed, this proposal is based on "bulk" deliveries (typically tanks at least 800 gallons) to customer-owned tanks. Additionally, Odyssey would agree to meet the attached "Product Guarantees" that Pembroke Pines specified. This proposal represents a $.095 per gallon decrease in your sodium hypochlorite cost which is about 13.6% increase. We have worked hard to keep our costs down and this reduction reflects not only this fact but also your support last year. We greatly appreciate your business and loyalty and found an opportunity to repay this loyalty when the City of Oviedo rebid. Odyssey Manufacturing is the largest sodium hypochlorite manufacturer in the southeast and our sodium hypochlorite currently serves the majority of the water and wastewater plants that use bulk bleach in peninsular Florida. We have also done a significant number of "turn-key" installations and have also installed storage tanks at many locations and assisted customers with their conversions. As ~~ part of its chemical supply contract, Odyssey agrees to provide unlimited technical assistance at your plants at no charge. As you are aware, we have provided the City ofOcoee with a variety of technical assistance in the past seven years. As we discussed previously, we manufacture only one product, sodium hypochlorite, utilizing a Kvaemer Chemetics chlor-alkali plant integrated with a Powell Continuous Bleach Plant. As the only chlor-alkali manufacturing facility in Florida, we can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials (chlorine and caustic) on-site out of salt and demineralized water utilizing a membrane cell electrolysis process. Not only does this process result in a high quality bleach, but also makes our product cost very competitive as we do not have to payout of state third parties to make the raw materials for us and have them shipped down by railcar. The following additional information is provided to assist in you: "True Cost" Odyssey's unique manufacturing process results in significantly higher quality sodium hypochlorite that does not breakdown and decompose like other sodium hypochlorite. Thus, you will probably save about 10% to 100% of your feed because of the higher quality sodium hypochlorite which translates into a savings of about $.06 to $.65 per gallon. In a recently documented study, the City of Port Orange WTP plant cut its sodium hypochlorite consumption by over 35% from FY 2008 to FY 2009 on a flow adjusted basis when they switched suppliers to Odyssey Manufacturing Co (reference Steve Miller, Port Orange WTP Superintendent, 386-756-5380). Similar results were also achieved by the City of Edgewater WTP during this same time frame (reference Bob Polizzi, City of Edgewater WTP Superintendent, 386-424-2490). Please call our current customers to confirm this! Because of our manufacturing process, we make our own chlorine and caustic and thus are not subject to the wide price fluctuations in this market or the availability of materials. Thus, we are able to actually "guarantee" pricing for one or more years and would honor any contractual agreement. In addition to the wide variations and availability of the chlorine and caustic markets, other sodium hypochlorite manufacturers face multi-million dollar costs to install containment and chlorine scrubbers for their chlorine railcars under the EPA's Risk Management Plan (RMP) mandate. The RMP requires any entity over the minimum threshold of chlorine to take ALL measures necessary to protect the public. The only true measure available to protect the public is to install an expensive chlorine scrubber system and containment building for the chlorine railcars. For a bleach manufacturer with chlorine railcars, this expense would be several million dollars. As the only chlor- alkali manufacturer in the State of Florid a, we have no railcars of chlorine on-site and thus would not be impacted by this requirement. With regard to availability, Odyssey is the only sodium hypochlorite supplier that does not rely on railcar shipments of chlorine gas into the State of Florida. As you know, railcar shipments of chlorine gas were suspended on three occasions after 9/11 for terrorist concerns and six occasions over the past few summers because of the hurricanes. Reliability Odyssey's unique manufacturing process provides its customers a high degree ofreliability: . Largest sodium hypochlorite manufacturing plant in Florida. . Largest provider to the water and wastewater market with over 96% of the bulk sodium hypochlorite market in peninsular Florida. . Odyssey's U1trachlor sodium hypochlorite is used at the majority of power plants in Florida. . History of meeting all demands from all of our customers . Safest manufacturing process in the State of Florida in that we are well under the RMP and the PSM thresholds for hazardous chemicals. . Minimum amounts of chlorine gas on-site which are well under the RMP and PSM thresholds thus there is no likelihood of an accidental release which would curtail production. . Odyssey Manufacturing is located east of the City of Tampa in an industrial park. We are not located on a peninsula or near the Gulf or Bay and thus are probably less prone to flooding damage from a hurricane than most other bleach manufacturers. . Odyssey Manufacturing Company's manufacturing facility is the only facility in the State of Florida fed directly off of the transmission grid from its own substation. Thus, any service restoration would most likely be significantly quicker in the event of a major hurricane. . Odyssey Manufacturing is the only 24 hourI 7 day a week sodium hypochlorite manufacttlring operation in the State of Florida with a manned control room. Thus, we can respond quickly to emergent customer needs. . Odyssey has an agreement with a sodium hypochlorite manufacturer affiliated by some common ownership (Sentry Industries in Miami, Florida) to serve as a backup source of bleach in the event of a catastrophic event. . Ouality Our sodium hypochlorite is a high strength product with superior ratio control and without all the impurities that most bleach contains. Our bleach is NSF certified and made from a continuous as opposed to a batch bleach plant. What this means to you, the Customer, is: . Low or zero metal contaminants resulting in significantly slower Product degradation leading to overall cost savin!!! due to J.educed sodium hypochlorite consumption . Lower Maintenance Costs caused by pluggages and wear because of impurities in the bleach . Improved Drinking and Effluent Water Quality . Superior control of excess alkalinity of Product resulting in less overall chemical additional requirements and more stable chemical feed rates ( e.g., better pH control of your finished water) . Less oxygen formation during storage and handling (e.g., which form bubbles in tank and lines) resulting in reduced downtime and more accurate Cl feed rates . Lower levels of sodium chlorate formation resulting in improved water quality . Lower suspended solids resulting in improved water quality and less feeder maintenance . Minimal insoluble buildup on the inside of pipes and feeders resulting ill less O&M . Significantly lower levels of bromate than other bleach manufacturers (this became regulated in drinking water for all plants beginning January of2004) Based on testing done by several water and wastewater plants, along with Sentry Industries, we are the only sodium hypochlorite manufacturer in Florida who always passes the 3-minute Filter Test procedure and have the best times ever recorded by Novachem Laboratory which is an industry leader in sodium hypochlorite testing. Service . Odyssey's delivery fleet oftractors and trailers is brand new and our drivers are Odyssey employees. We do not use "contract haulers". Our tankers are "state of the art" FRP tankers and thus will not contaminate the product as can happen from the conventional steel-lined tankers. Additionally, potential contamination is also eliminated since we only use our tankers to haul sodium hypochlorite and no other products. . We are the only sodium hypochlorite manufacturer who focuses primarily on municipal and private water and wastewater treatment along with industrial customers. . Odyssey guarantees delivery on 48 hours notice and most of the time can make deliveries on 24 hours notice or shorter. . Odyssey has three "degreed" engineers in its company to provide support to its customers. Our Operations Manager is a Chemical Engineer who has extensive experience in the production of bleach, handling of acid and caustic, and repackaging of chlorine gas. Service Work Better quality bleach has historically not been available until Odyssey began manufacturing operations. Thus, many customers who were satisfied with their current supplier became even more satisfied with our bleach and many reported lower consumption levels because ofthe reduced degradation. In addition to a high quality sodium hypochlorite, Odyssey is willing to provide repair and maintenance services as requested and has done so as required at YOlll'facilities. Odyssey Manufacturing has perfonned over five hundred "turnkey" sodium hypochlorite conversion projects including TOHO Water Authority (parkway WTP, Camelot WTP and Harmony WTP), Orange County (ERF, NWRF, Cypress Walk WRF, University Shores WRF), Tampa Bay Water (Cypress Creek and Surface wr plants), Winter Haven Cypress Wood WWT plant, Casselberry wwr plant, Utilities, Inc. (Despinar, Wekiva wrlWWT plants), UCF WT plant, Titusville (Blue Huron WWT plant and Osprey WWT plant), Manatee County WT plant, Manatee County SW WWT plant, City ofOcoee WWT plant, Ocoee County Venice Gardens RO plant, Siesta Key repump station, Ocoee County repump Station No.1, City of Casselberry 3-WT plants, Crystal River WWT plant, City of Palmetto WWT plant, Sebring WWT and 4- WT plants, City of Mulberry WWT and 2- WT plants, Palm Coast RO plant and wwr plant, Marco Island RO Plant, Deltona 17- WT plants, Jacksonville Utilities Management WWT and WT plants, Lehigh Acres Booster Station, Lee County North Reservoir. Gulf Environmental RO plant, Lake Fairways WT plant, South Martin County WWT plant, and the City of Stuart WT plant. We have assisted with the design. engineering, startup, tank installation and pelformed service work on numerous other conversions. All told. we have done more conversion than all the engineers and contractors in the State of Florida combined. We are also a licensed plumbing contractor who has service agreements with most of the utilities in Florida including the City of Ocoee. We have performed a significant amount of service work at your plants over the years. As your chemical supplier, we are available to provide any required assistance you might request and have done so in the past. Thank you for your consideration. This proposal will expire in sixty (60) days from the date of this letter. Please do not hesitate to contact me at (800) ODYSSEY or cellular (813) 335-3444 if I can provide any more information. RESOLUTION NO. 2043-09 A RESOLUTION OF THE CITY OF OVIEDO, FLORIDA, AWARDING BID NO. 09-20 TO SHANNON CHEMICAL CORPORATION, A1RGAS SPECIALTY PRODUCTS, INC., DUMONT COMPANY, HARCROS CHEMICALS, INC. AND ODYSSEY MANUFACTURING COMPANY FOR THE PURCHASE AND DELIVERY OF WATER PLANT CHEMICALS NECESSARY FOR THE OPERATION OF THE CITY'S WATER TREATMENT PLANTS; REJECTING ALL BIDS FOR THE PURCHASE OF SULFURIC ACID; AUTHORIZING THE EXPENDITURES; AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " WHEREAS, the City of Oviedo's Water Treatment Facilities use a variety of chemicals in the daily treatment and purification of water; and WHEREAS, the City advertised for Bids in the Orlando Sentinel on August 9,2009; and WHEREAS, a total offourteen (14) bid responses were received of which four (4) were "no- bids" and two (2) were unresponsive; and WHEREAS, only one responsive bid was received for the purchase of Sulfuric Acid; and WHEREAS, the low, responsive bidders for the remaining chemicals included in the bid are as follows: 4) Harcros Chemicals, Inc. 5) Odyssey Manufacturing Co. Zinc Orthophosphate $ 11,180.40 Ammonia Hydroxide (bulk) $ 11,768.00 Ammonia Hydroxide (drums)$ 13,640.00 Fluoride $ 28,121.60 Sodium Hydroxide $ 55,500.00 Sodium Hypochlorite $ 94,500.00 I) Shannon Chemical Corporation 2) Airgas Specialty Products 3) Dumont Company NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OVIEDO, FLORIDA, AS FOLLOWS: SECTION 1. The City Council awards Bid No. 09-20 to Shannon Chemical Corporation, Airgas Specialty Products, Dumont Company, Harcros Chemicals, Inc. and Odyssey Manufacturing Company for purchase and delivery of the chemicals listed above. SECTION 2. The City Council hereby rejects all bids for the purchase of Sulfuric Acid. SECTION 3. The City Council hereby authorizes the expenditures for Water Plant Chemicals as budgeted for FY 2009-10. SECTION 4. The City Council hereby authorizes the City Managel'to enter into agreements with the above five suppliers. SECTION 5. The City Council hereby authorizes the City Manager to execute contracts for secondary suppliers based on the bid tabulation for these chemical purchases should the primary vendors become unable to supply timely chemical delivery or adequate supply. SECTION 6. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 7. Severability. If any Section or portion of a Section ofthis Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section of part of this Resolution. SECTION 8. Effective Date. This Resolution shall take effect immediately upon its passage by the City Council of the City of Oviedo, Florida. PASSED AND ADOPTED TillS 51h Day of October, A.D., 2009. DOMINIC PERSAMPIERE DEPUTY MAYOR oftlIe City of Oviedo, Florida ATTEST: BARBARA J. BARBOUR CITY CLERK Resolution No. 2043-09 Page 2 page 1 or j O. The .City of . vledo FLORIDA CITY COUNCIL OF OVIEDO REGULAR MEETING MONDAY. OCTOBER 05. 2009 6:30 PM CITY HALL 400 ALEXANDRIA BOULEVARD OVIEDO, FLORIDA PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, ANY PERSON DESIRING TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, WITH RESPECT TO ANY MATTER CONSIDERED AT ANY MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WIllCH THE APPEAL IS TO BE BASED. This record Is not provided by the City of Oviedo. AGENDA CALL TO ORDER / ROLL CALL PLEDGE OF ALLEGIANCE MOMENT OF SILENCE ORDER OF BUSINESS CEREMONIAL ITEMSIPRESENTATIONS 1. Presentation by BODc Foundation. 2. All SDort Award Prescntation. 3. Proclamation for National Save for Retirement Week. 4. Proclamation for National Fire Prevention Week. COUNCIL BUSINESS 5. Aporoval of Minutes for September 21. 2009 Ree:ular Session. PUBLIC COMMENT 6. Citizen Comment. CONSENT AGENDA 7. Resolution No. 2043-09, Bid Award for Water Plant Chemicals. http://www.cityofoviedo.netILegistreamAgendaIMG36762/ Agenda.htrn 10/5/2009 rage 1. or j 8. Resolution No. 2046-09. Approval of Special Event Permit No. 09-0067 and a Waiver of Fees for "Great Day in the Country" Permits (Oviedo Woman's Club). 9. Resolution No. 2052-09. Supporting Florida City Government Week. 10. Resolution No. 2053-09, Acceptance of Dedicated Improvements - Oviedo Postal Service Carrier Annex. 11. Resolution No. 2054-09, Acceptance of Dedicated Improvements - Eastbridge Dental Office. 12. Resolution No. 2055-09. Selection of Professional Construction Engineering Inspection Services for North Lockwood Boulevard Project (RFQ #09-15). PUBLIC HEARINGS 13. Ordinance No. 1464. Updating Impact Fee Schedules (non-Water/Sewer) and Deleting Specialty Retail, including Barsffaverns from the Fee Schedule (amends Ordinances 1371, 1419, and 1437). FIRST READING OF ORDINANCES 14. None. RESOLUTIONS 15. None. DISCUSSION ITEMS 16. City Mana2er Performance Evaluation - Process and Schedule. 17. Roadside City Limit Entrance Sims for Oviedo Hi2h School Navy Junior Reserve Officers Trainin2 Corps (NJROTC) Marksmansbip Team Achievements. 18. Joint Participation A2reement between Seminole County and City of Oviedo Re: Capital Contribution to Seminole County for City Share of Reuse Infrastructure. CITY MANAGER'S REPORT City Manager Richard Oestrich COMMUNICATIONS AND REPORTS . Councilman Keith Britton . Deputy Mayor Dominic Persampiere . Mayor Mary Lou Andrews . Councilman Stephen Schenck . Councilman Steve Henken FUTURE MEETING DATES . Mondav. October 19.2009.6:30 p.m. ReRular Session . Mondav. November 2.2009.6:30 p.m. Resmlar Session . Tuesdav. November 10.2009.5:30 p.m. Work Session at Winter SprinRs . Mondav. November 16. 2009. 6:30 p.m. ReRular Session ADJOURNMENT http://www.cityofoviedo.netlLegistreamAgendalMG36762/Agenda.htm 10/5/2009 t'age j or j PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CITY COUNCIL MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACf THE CITY CLERK IN WRITING, OR MA Y CALL 407-971-5500 FOR INFORMATION REGARDING AVAILABLE AIDS AND SERVICES. http://www.cityofoviedo.net/LegistreamAgendaIM:G36762/Agenda.htm 10/5/2009 AGENDA MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Richard Gestrich, City Manager ~~, DATE: October 5, 2009 SUBJECT: Resolution No. 2043-09, Bid Award for Water Plant Chemicals Introduction: This is a request for City Council to award Bid No. 09-20 for the purchase and delivery of water plant chemicals for the City's Water Treatment Plant Facilities and to reject all bids for Sulfuric Acid. Backeround: The City's Water Treatment Plants use a variety of chemicals, including Sulfuric Acid, Sodium Hypochlorite, Ammonia Hydroxide, Zinc Orthophosphate, Fluoride and Sodium Hydroxide in the daily treatment and purification of water. Currently, the City purchases these chemicals through existing contracts via previous bids or informal request for proposals as required in accordance with the City's Purchasing Policy. Although the anticipated annual expenditure for some ofthese chemicals is below the threshold of requiring a fonnal bidding process, staff opted to include all water plant chemicals in the bidding process to ensure the City receives the best price for each product. Contractors were allowed to submit bids for any of the chemicals listed. Discussion: Bids where advertised on August 9. 2009 and opened on August 24, 2009. A total of fourteen responses were received of which four were "no bids" and one bid was determined to be unresponsive at the bid opening. One bid (from Allied Chemical) was protested by another bidder and Allied's bid was subsequently found to be unresponsive because their dispute disclosure form was inaccurately completed. A copy of the finding is attached hereto as Exhibit "A". The companies listed below represent the low, responsive bidder for each specific chemical for which award is being recommended: 4) Harcros Chemicals. Inc. 5) Odyssey Manufacturing Co. Zinc Orthophosphate $ 11,180.40 Ammonia Hydroxide (bulk) $ 11,768.00 Ammonia Hydroxide (drums)$ 13,640.00 Fluoride $ 28,121.60 Sodium Hydroxide $ 55,500.00 Sodium Hypochlorite $ 94,500.00 1) Shannon Chemical Corporation 2) Airgas Specialty Products 3) Dumont Company Since only one responsive bid was received for Sulfuric Acid, it is recommended that City Council "reject" all bids for this chemical. Staff will order Sulfuric Acid based on receipt of 3 quotes in accordance with the City's purchasing policy. A copy of the bid tabulation is attached as Exhibit "B" and each company's individual bid sheet is Honorable Mayor and City Council Members October 5, 2009 Page 2 of2 attached as Exhibit "C". For budget purposes, it is important to note that Chlorine was not included in the bid for water plant chemicals since the City currently purchases this product via the Shared Interest Cooperative Purchasing (SICOP) Bid. The SICOP bid offers a lower cost than the City would be able to obtain by itself. The estimated cost for Chlorine for 2009/10 is $17,028. The other remaining chemical excluded from the bid is Carbonic Dioxide (liquid C02) which is currently supplied from Airgas via an existing contract that will remain in effect for FY 09-10. The annual expenditure for Carbonic Dioxide is estimated at $52,527 for FY 09-10. Hude.et Impact: The FY 09-10 Budget includes $311,882 for Water Plant chemicals, which is sufficient to cover the anticipated annual expenditures. Chemicals will be ordered on an as-needed basis throughout the fiscal year. Recommendation: It is recommended that City Council adopt Resolution No. 2043-09, awarding Bid No. 09-20 to Shannon Chemical Corporation, Airgas Specialty Products, Dumont Company, Harcros Chemicals, Inc. and Odyssey Manufacturing Company and reject all bids for Sulfuric Acid. Attachments: Exhibit A - Bid Protest Exhibit B - Bid Tabulation Exhibit C - Bid Sheets Prepared By: Reviewed By: Susan Sheikh, Contract Manager Bobby Wyatt, Assistant Public Works Director/City Engineer Tony Segreto, Public Works Director ....._....~--~~-:-~-:.- -.....:....::..::.:;...::. .::. :: _:~,~:.~:::;:~:.;::~~~::.~... ~ ;~~ ::.::.:~.~.:~::~.;:: :~.: ~ :'::'::::. -':':'~:' ':: '::.:~'~:':':~.:.:'~:':::""'- ".::'::- .- ..... -. ....~....:, ',. Cl'f''t OF "lJ..'JI1B'D'f) J(lA,IJ'-IIR.J!LIiN1J lJllEMlfltfl$ .INf/l1>.lTIQNTO 1JJl),'fI 'O'~2fJ. 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F.111'p1Ulfh~.uB8nsLFiv.e Hundred and. 00 ~4.tOO Dolla B 6 ) v'V\u~ rtiy\~';'-:~~~~ - iJlbllQ IT'9.i.k.r,Moff, !Af1~ll.PH ,- p.age.M. ~~th\tllte<l ~1(R1. fi)U$.fltv.. S.J)O.O~If11()lll!; . lASiO'QQ: ~a1t~~, 8,{)OO .g~trQW' 4iiQ(t-gall\l118' j~lJ~IIO'Jfai . 'St 18.8 ,gaUoH8. .3.(jtQOO:$~nQl1lf. Totfll Bftse' JJJa )>esoi.fu(iOll; ;$ll1fitt1~A.Q1U:Ya~. .nldtf:C'os'f(.ue~ 2lJt~ T6.ti\In'Vli1e no bid .... .. '. . . f30Q~~~~Q.rJ.(~.'l~~k... $ L' 7.f1/gal. J\1UintthUi f.ft&:{)x-1~ft;t~, xpulf<;) : . no bid,. ! ,A.m)J1.QpiJt';~4hn4!I~~~ (S>S:.gp.nQfudiUO't~ no bid I a9~.500.QO . Wn~Ol~l\.Q~.Plia~' ~',.~Pn:&~!) . I B!tiI:Md~~!% ~ frot{{\1ltl J-l',yd.r:Q1dtle- ~~ no bid ., .\ < no bid . no bid . . .~94, 500 ,~ " ; .' . '. " I !: ...~~........U:........ " .. ......::. . .:1......... ...'V" ....... ..t... . ......:...................... ;_...:.......... ~.......,._..............................:.........'9.n........................... .'. ..'0. .... ......~...':....-,... .... .J-~....r.-...'4 .: i.. '. . "'..'". ... .. - ...... ~(......1...t.."'..=-~- . . . .:....:..~.- .....1................... . .... ... :~:~.r_. .: . ..~'.:. :....... ., '. . ~..'...-. .' . ~.. .... . C/:r:J.II"(JP'OYlHDO ./N.YJ1:I.f1JlON 1.fHIJJ)'III"OR;;~'!l TYiJ/1'8R. R1;ANTC1JP!tf.liJi1M. T~W .aldd~r-1i'dre~y 1\cJo1dwiejJlt~i&(l~J.l.t.o'f.f\l.~tQli6~~l1g.J\alJbt1'sr~:fr~m~: No..-L p.~tc(~ 8/18/09 No:- n~wd No..~ ~{tteil t,t'hQ fQ119wl.,,&. .~gu.lr~4. \nfQnnJtltqllllll!l.~lf()n. tlQml1J~~~l:;ap.(l. i~ ~Mh\4!f~. '~Oh fh~ blt\: :.s\\~mUbft~ . , ". f <l ,'~ .' 1-,1"'.. :1. . ?t. a, \.4{, 6-. 6. !'J., 'Stfitemertt.ot.IIls'tJtiUroe COI~l.?lfbl1Cll.' Utd BOll~ . NqnvC<iJf\lslon ~ftUfujn eanfllot of.Il\terest~fatement Disputes DI$.'6l~'iltiS:.Fol'm. . Drpg' Fl~b Worjffililelt '(1bxtift<;l\tlo)1 Eorm n;~Well~es . As l'equosted ~\1 tho Instructions tor BIttdeIs, .subinf~slo[i. Qf. BIas ieCli"at11ttilchtiUifll. 6n'fS . marked. dupilcnf<t ~py of IheiO'dg1.rtal :Bld~FOrrtlil\lfdJitLlUtt\bJtntehfil. __'y ~ -.-:'N.o :(Orli;ik:O)ll~) . . rho ~ity~~>>~. ~\Q.lJ.ght '~Q. "@~9lU~ny:.0.1..~tt bid~ lo,IW{l1"6~tnfonnl\1itlesl. and to .rejedt ~Ii .ot: 1my pat~of all.y bid fts:t1i~.lJl'(a}?-deen\ f6. De. 'irf;tfie.:heUlnf~t bf.thc Cl~.. This. lUtl" y'.@b..1~..il mlllt~i\tQt:Y rOm1 !t)"lI.1l(a~ bUT: {qb.~hltio.f). .l\\ltlll.l1ll~~S J\J;>W$lV~t'1 jt mO-l ~~:(\lf.q(jJllp.ttt1te6 by adamIJJI.61~fCJl?tl~illY~ furJl1~I" .Aw.llffi~r-<'~~6.Pt.~~t\tJ\{ty~ WU\). hp; ;siftl~la1 :autl\9\i~ij2~ it~H~I~:aRt~.~\f~I~I~~Ia::FJ)rml FaUU1'.6 fo' 8~&n triit1\etsllllCtt ~l'Ov.lded below ;wjU;f~ulhn the btcLbalft8:~JeGttl~: ~.ol1\"pftl)yN(l~n6 ~~.Y8.s.ey ManufacturJ,I},8_.Gompany ~IN':OtSS!: 65-084634~ " .... .. NameotOw1l.eliPlU1nel'lOffloel~ Patrick ~~lman... 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X ~ ] f .~ .~ ~. e (J ! ~ ~ II ." 0 ] ~ ~ ootj ~ CI.l 0 :It: ~. ~ ~. * ~. :E.~ .~.. o -;:: l:;1 ~: .,Pi ~ 4) .0 ::::l .~ ] e ~ .~ ~ .~ o B' ':d m t e Po ~ ] ~ ~ . .=~ e . I-op.. Oon -g.<:'l g~ ~- ~.1 ~Q 0 .s~ III i~ ~"Cl 5 -3 b/) ~ 'I ~ a S~ 4) . f3gfl ~ '3 .~ 1~ ~ iu :B~ il ~~ ~ ! l:> rei; f)~ M' lot 0 o 0 -u ~ bO !-- ;S j~ ~~ .., . .........<0......... " ........ ......0.'. .... 0 .~ ... ..... 4' .... . . ",'. .... ... .... '" .... . :O~iC;do , .' '. FLQRIDA 400 ALEXANDRIA BOULEVARD. OVJI;DO, FLORIDA32766 September 16, 2009 Patriok Allman, General Manager Odyssey Manufacturing Company 1484 Massaro Blvd Tampa, FL 33619 Fax: 813.630.2589 RE: City of Oviedo Bid #09-20 Dear Mr. Allman: The City of Oviedo is in receipt of your letter dated September 7, 2009 registering Odyssey Manufacturing Company.s protest of the recommendation of award for sodium hypochlorite for City of Oviedo Bid 4#09-20 to Allied Universal Corporation. The information that was provided wIth your formal protest has been researched and the City of Oviedo has detennined that Allied Universal did not truthfully complete the Disputes Disolosure Fonn with its bid proposal. Based on this determination, Allied Universal's bid has been deemed non-responsIve to therequiroments of the bid docUments. Based on this determination, a recommendation to award the sodium hypochlorite portion of the bid to the lowest responsive and resp.onsible bidder, Odyssey Manufacturing, will be made to the City Council in Ootober. ./ :'i .' .;~ ~ Sincerely, ~~+ Purchasing Coordinator ~~: ~. c: Catherine OulllarmQd, Allied Universal .' HXIIlnrl' J\ www.cltyofoviedo.net ',' ., Mayor: CouncilmaIl: COllIlcilman: City of Ovie.do, Florida Public.Worl{s Department Bid # 0,9-20 Water Plant Chemicals ^ugust.9~ 2009 Mary Lon Andrews Steve Henken Stephen Schenck Depiltv IVtavot: Dominic PC1'salnpiere CoullcllJnl\n: Keith Britton . . City Maual!:er: Richard Ge~tdcb PtlbHe Wod<s DfrectOl': Tony Segreto .INVITATION TO BID City of Oviedo Purchasing Oivis,ion 400 Alexandria BlvQ Oviedo, Florida 32765 BID NO. "09-20 OPENING TIME:2:0Q P.M. OPENING DA TB: 08/24/2009 Email: btaylol.@cityofoviedo.net Facsimile NU1l1bei': 407-971-5806 yOU ARE INVITED 'TO BID ON THE FOLLOWING CHEMICALS FOR USE AT THE CITY'S W ATER,TREATMENT FACILITIES: . Sulfuric Acid 93~% . Sodium Hypochlorite 12.5% (10% by-weight = 1.5% by Trade) . Ammonia Hydroxide 1.9% . Zil1c Ottho'phbsphate . Fluoride 23% . Sodium Hydroxide 50% SEE ATTACH,ED SPECIFICATION FOB Point: City of OVIedo Terms ofPaY~l1ent: Net 3Q ~RY$11p~n acceptal1ce Md delivery of illvoice Bid m.llst be I'ccclvcdlll tbe P,m:'chaslngO(fice, 1s1 Floor~ Oviedo City Hall before: Time: 2:00 ~.M. AllgJ1Sl24j 2009 Bids \Yilt he immediately opened after the aid Due Dilte: ~l1d Time~ You are invited to be present. Slale or Florida Tax E.~elDplion Number ... 8$.8013S73QS3C-O 81imed:Barbara A,'Taylor. CPPB Date:08/0Q/2009 CITY OF OJlIEDO . WATER PLANT CHEM1CA~ JNVITATION TO BID #I 09-20 ! i I I TABLE OF CONTENTS Legal Ad.......... ... ... . .. .... ........... . . ................... ... ................ ........ 3 General Conditions..... ....................,...... .............. ........................ 4 Public Entity Crime Infonnation Statement............... .....................f... 7 InshllctiollS to Bidders........... .... ~........... ...... '.' ..... .~.... ............ .............. 8 Specifications ............................................................................ 13 Bid FQnn .... " ..... .................. ..'. ..... .... '.'~"'.""''''. ..........;.. ............... 16 Standard Insul'ftnceRequil'elnent.. ... ...... .............. ............ .... .............. 18 Statenient of Insurance "Col11plif.lMe ........... .. .... ..... .. .... .... .......... ...... . 19 Bid Bond......! ...~... ....!., !"" '.'! ..~! ':'.' ,.' ..,.. .... ....~... ..., ................... ........ 20' Non-Colluslon'Affidavit of Bidder.... ... .......................... .................. 21 Conflict.ofInterest Stat~ment .... ,....;... ,.... !.... ..'......... \....!................ 22 Disputes Disclosure Form.....,; ....... ........ .......n ...... ....... .................... 24 D111~-Free Workplace, Certification FOl.nl .."..,. .................. .. ........ ... .. .. 25 "No.Bid" Response ..",', !',,~ ".! .," .,... ," ......\ .... ,....... ........................ .... 26 Reference'F01'ln .......... .......... ..... ............... ..... ..... '.'.' ...... ..... r.......... 27 PI/bile Works Allli,ill;sfratloll Page 2 CITY OF OVIEDO WATER PLANT CHEMICALS INVITATION TO BID # 09-20 LEGAL ADvERTISEMENT CITY OF OVIEDO BID #09..20 WATERPLA.NT CHEMiCALS FOR FISCAL YEAR20Q9-Z010 The City of Oviedo is seeking bids frOll\ suppliers for the following cheniicals for use at the City's Water Treatment PI~nt Facilities: suH\.rric Acid. 93%s Sodium Hypochlorite. 12.5% (10% .by weight - 12.S.%by tra(Ms Ammonia Hydroxide 19%, Zinc Orthophosphate, Fluoride 23% 8nd Sodium ijydroxide 50%. Bid documents are avai1~ble tlU'ough DemandStar.com at l-aOO- 7lt-1712 0.1' www.demnndstnr.com. Bids nr~ due on or.before 2:00 p.m. on August 24, 2009 to the PU1"chaslng offices 400 Alextmdl"ia .Boulevard, 1st Floor,.Oviedos Florida 32765. End of Advertisement Advertise one time, All,gtI.St 9s ZOM Page 3 Pl/blic.1fIo/'ks Admllllstratloll CITY OF OVJEDQ WATER PLANT CPBMlCALS INVITATION TO l)ID II 09-20 QENERAL CQNDlJ;IONS EA'ECUTION OF BID: Bid must contain a manual signature of an authorized representative i11thespace prQvided. SEALED BIDS: AU Bids must ~e s\.lbmitt~d il~ a sealed envelope. Th~ face of the envelope will contain the:dateand time of the bid opening' and the bid number. Bids not submitted .on the City)s bid forms may be rejected" All bids are sllbject to the conditions specified her.ein and on any attach~d sheet&, specifiqations, special COilditiollS oi' vendor notes. Any Chal,lges to theb.id document pricing inust be in ink. ana must be initialed. NO BID FORM: lnthe event youelect.not to bid .this requirement, respond by returning this fOrm, marking it '~b BID" arid. the: :~easol1 .thel'efore. Repeated failure. to quote without s\\ffici~ilt jl.lstificiltiOll tnaybecailse for l'ernoval of1b,e;supplh~l'Js nalhe from the' bidlisf. NOJE:Tp .quullfy' ~sa respolidellt)'bidd~r.l1:lust sublnit a .'BID"or "NO BJ,D" and it must be l'eyeived no 'la~er'tha~t'he sta'~l;:d;bi~l pp.el1ing droe .Rlld 'time. BlD OPENINGi Shall.be 'publiC', oil the date and at tlte.time specit'ied 011 the bidforin..Jt is the bid.der'~ i'eSPOllsibltity to ilssute that thbit bid is. c{elivcred at the proper time 'and place Clnh~ bid opepitlg. B~i:Is which fon!l1y;t;~as<.>p,ar6 .l1ot~9d~Uvered, shall be l'etumcd to the bidder unopened. Offers by telephol16 or ~csimile canrot be accepted. PRICES, TERMS:, and PAYMENTi All price& rol.lst be fitrt) 'fo1't11e d.elivery schedule quoted herein. Bids fltipu1.ating~'p.rice in effect ~t time. of shipment" or otner .siniilar conditions will be considered nQt. responsive to (h~ bid .IQviWioJl ahd wJU 'not be Rccepted, Allpdces shall be quoted F.D.B. delivered to any City of Oviedo Department unless otherwise stipulated in the:bid,invitatidli. .Bidded's requested.to offer cash discount foi' pron'ipt invoice payment.. Uis the policy of:the City ot Oviedo to' make'payments of itwoices in tjrne to eJlr~an5'.dfteted,~~~hdj$coQntll;:Ois.c()Uut.tiine will bec<)111pute4. from the date of slltisfaotQry delivery.~tplace:qfacC"~t.a.!1ce PrJ~:.()m]:eceipt ora cOlTect invo.ice at the Fillsnce Department officej\vhiohever is'later. . TAXES: The City. of Oviedo :docS'.llot p.ny Federal excise and State sales taxes, Our fax exemption .number is 85-8013,$730$.3C-Q and Is also listed ~>nall of 01)1' J:lurchase Orders. POLITICAL SUBDIVISIONS: Under Florida 'Law.pl'ices contained in State Contracts shall be available to the City of o.viMo, \vho ;might \vish to purchase urider a' State Pui;cllase CO~ltract The City of Oviedo. .therefol'el'e8'erves th~ right to purchase atiy commodities, from a State Purc4l\s.~ Conttnc.t, nSicop Bid. or. any other State or Local Oovel'nnwnta1 entit~es bid or .<;loriJr~ckifin 1he'b~s.t iiltel'est ofthe City. MISTAKES: Bidders nreexpected to exafllille,tlie specifi~atiolls, delivery schedules~bid prices, and all inst1'\.1ctions pel'ta.irting to supplies and .services. Failure to ;do so will be' at bidders' risk. ." Public Works Adm(IIis(/'a(/oll Page 4 CITY OF OVIEDO WATER PLANT CHEMICALS CONDITION AND PAci{AGING': It is urid~rslood abd agl'eed that allY item offered or shipped as a 1'esult Qfthis, bidshaU b~ new (C\ll'rent produ~tioil model at the time of this bid). All containers .shall bes\1itaolefor storage or.shipmeQ.t) and aU prices shall include standard .commercial packaging, INVITATION TO RID II 09.20 SAFETY STANDARD,S: Untes~ othenvise stipulated hi the.bid) all mamifactured items R11d fabricated asse,tti:bJies, shall C,(mlp~Y Wft,Q ,'appli~~B~e, n:q1.tirement~ of Occupational Safety and Health Act and any standards there under: MARKING: Each individual cOliUllllcr shatl. be iliarked wlth the brand name 'of the product, quantity ~fnd the "ilame.aQ.dacl~ress of the man:\ifnctutel'i Each~hipping container shall it\clude the.JUlme ofthe'vendor and m~st 'also cleady:indicate the City of Oviedo Purchase Order Number) and the Department that is taking the delivery, INVOICING AND PAYMENT: The supplier shaH bepa.id upon.submission Ofulvoices to the Requesting .Oepartment, 'C~ty ofOvie.do) 4()0 Alexi}lidria Blvd, Oviedo, Florida 32765. Invoices are to be billed at the prices 's.tipul~te(l on the Purchase Order and as outlined in this bid. All invoices must show the City ,Of Oviedo Purdlase Order Numbet', CONFLICT OFlNTERE$T: TI1f} -award hereunder is' subject to chapter 112) Florida Statutes. All bidders mlJ$t~i!icJos,e wit4 theil"' ~id, the ,n~ne '<;If RllY9f'tiger, qirectQl" or agent who is a(sonnemPloye~: ofth~ City .of Qvie,do; :J?ur~her, all bi~del's must disclose the Ilame of any City of Oviedoehiployee who owns, directly or. irtdu'cctly, ailY intei'est of ten percent (10%) or'mOl'e of the, bidders' fhIn 'ar 'ittty Of'its branches, Gifts frain bidders to Employeei:; or'Em.ploYc,e's fl\llUU~ a"rc strictlY:Pl'ohibited per'Florida Statut<:s 112.313 and 1.12.3148. A WARDS:. As the. best iriterest of the City 'of Ovledoniily require, the right' is resel'\ted"to J1ln~e aWard(s) by Individual itetnsl gro~p: of"items,.all or noile) 'ot 'acombination thereof) with one oi'"jnor.esupp.!iers: to tej~~tarttbid$:arwaJve,atiY ii\fo~muUWor te~hnicalityin bids rece,iv~d. Vel1dprs who 'a).~ ~\Vtlr~ed. ~Qntrf\c.ts ~re,a~k~d to ,~xtend the s.ame pricing lI\1dcon~it{ons tl) oUwrentlties wh9 maY'Wl!l1t 10 J!piggy..back'r a City,of.Oviedo Bid or Request for Proposal. mSPECTION, ACCE~tANCE; JHldTI'tLE: LilsPe.~tiol1and acceptance ,vill \?c;} at destmatlolll.lilless otherwise ~tip\,lll\ted.. title 8ml rj~k of loss or damage to all items 811a11 be the n~sponsibi1ity of the shipper (vendor) until accepted by the using department of the City of Oviedo, unless ioss 01' damage results fion} fiegligence'by the city of Oviedo or its Depnl'tfilents. DISPUTES: In ctlse of allY doubt'or ~iffet:e!lce of opinion as to the 'items to be furnished hereunder) the decision ofthe City of Oviedo 'City Managel' shall be final and binding on both parties, PIl~lIc Works .Admilli~il'tlt/OI" Page 5 CITY OF OViEDO WATER PLANT CHEMICALS INVITATION TO ElDil 09-20 LEGAL .REQU1REMENTS: Fedeml,State, County a)td IQcal Jaws, ordinatlce8, roles ~nd l'egulatiOlls that in any manner effect t1,e itetl1(s) covered herein apply; Lack of knowledge by the bidder will in '-!IO way be ca\1se forrelief from responsibility, LIABILITY: The.vendor shall hold and save the City orOviedo, its officers, agents and employees harmless froill liability of any kind in the perfonuance of or futfilling the requiremeut of the Pl~rchase 01:ders wbich.mayre~ult fi'omthis bid. CANCELLATION: This agreemeilt.may be termmated Inwhole or i.n part in writing by either party with 30 daysl10tice in the everi.t QIsubstantial failure by the other party to fulfill its obligati<;ms under this agl..~ement throqgh no fault.oftbe terminating party. NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO, AND AGREEMENTS ENTERED INTO AS A,RESULT'OF THis BID WHICH' VARY FROM THESE .GEl'lEML CONDITIONS, SHALL HAVE PRECEDENCE. Plll'chasiilg Coordinator City of Oviedo END OF SECTION p(fge6 PI/hUe Works Admill[sti"(ffioll CITY OF OVIEDO WATER PLANT CHBI}flCAI.8 TNVITATIQN TO BID II 09-20 PUBLIC ENTIty ClUM.E INFORMATION STATEMENT All invitations to bid ~s deful!::d by S~~ti9n.4-87.p12(l1), Florida Statutes; requests (9r proposals as defined by Section 287.012(16), Florida Statutes, and any contract-document described by Section 287.058, Florida Stanltes, slulll contain n statement infolll'iing persons of the provisions of pamgi:'aph (2)(a) of SecliQJi 287,133, FlOrida Statutes, Which reads as' :follows': ... . "A person 01' affillate ,vlioliits beell placed. on: the convicted VClldor list following n .cOJivtctiOlifo]~ n public entity crhile lua)' ll()t Sllbmit R bid. on n contract to provide llny goods ors.ervlQes t~Hl pll,bll.c ~"tJty, lllllY 11otsnb.nrl~ ft. bid 0.11 n cOll.trJ\ct wUha pupllcentity fpI.the construction .01' rep.air of public buDding or .public worlt, may not submit bids on leoses ofr-enl ptopCl"ty to a public entity, nlliYJlot bea,vRrcled or pel'form work aSR contractor, 'supplier, subcontractor, oi' consldtant tlndel'o contract with. any publJc elltfty; nml mnyilot tt'tUlsnct bllsht,eSS with any puhllccnttty .hi excess p.f tl1ethreshold Rmount 'provid~d In S~CtlOll :281.017.101' CA.TJiG01l.Y TWO for R period of 36 months from the date of bchlg plnccdon the convicted vendor list." All vehdorS who '~ubmita. Bid or :R~quest fql' Propqsal to the City QfQviedo, are guaranteeing tl,1atttIey have . read the previous:.statement; and. by signing the bid documents, are qualified to 8\lbmitabidU1\dei' Sectio1l287.133, (2)(a)Flbtida Statutes. END OF SECTION Page 7 Pub.lic /YOl'kS Ad,llillfsfl'aflon CITY OF 0 VIEDO WATER PLANT CHEMICALS lNV11'A TION TO BID #I 09.20 INS1RUCTIQNSTQ ~IDDE~S A. Official Bid Docun~c)\~s: 1. The ccoffioialu'bfd documents,. htcluclingspecificaUons ~n~' Bid ponn, are available. tllro~g~l DemancfStar,cQIn at 1.800-711-1712 or at www.demands.tar.com. It is mandatory th'ilf interested. bidders .l'equeSt the bid doouments directly from Dell1f\lldStar;compriQl' tosuhtniWng a bid. Tills is necessary to ellsurethaf bld~ers l11lVe a complete o-tnci~1 .bid package and to record interested bidders' infomlation for issuance ofntlY addenda. Bids will not be accepted fro III bidclei's who have Qbtl\lned bid documents from 8ny patty othe1' thart the DemandSUu:.cotn system, B. Prepm'R~.o,n Qf)jJ(fs: 1. The Biddm'-.Jssoleiy responsib.le for teadIllg and coItipletelyunderstandillg- the bid d6cUinehts 'andattaclWielits trh.ny). Faihll'e to d~~b wiUbe.at the Bidc.ler's risk. . 2. Bids:must be submitted on the attached Bid Forni. Bids submitted hi any other fOl~nlat. will'be disqualified. 3. Each Bidder.\vH1 ftt~n.isb'theinf9rtl)*'ti()n 1'eql1il'~d on the Bid Fonnand eacti accompanyingshef?t thereofou\vhich he makes an entry. All prices and blank spaces in the Bid Form .and accoinpEUlyingsheets. niust be filled illlegiblyand.'cortectly in irik bt-typo written, 4. No erasure pel'm.itted. Mi;;take.s',m(ly bocr<?~sed out Rl1;d corrections typed adjacej:1tUt).d lU:ust he-~nitiRled and dated in ink by the person signing the bid. No white~out orally-othel' form 'bf cOlLection fluid shall be \.lsed. 5. Please quotelowest price, at wl}j.ch Y9u will furn.ish the prpdllqfs/scrvices listed and check Y011f prlcesbefore'~ubmission ofbids)8S no change in prices will Qe allowed afte{bid opening. 6. Bid {>('kes.shall relnain filln for (\ p,erlod.ohixty (60) days in01.der to allow th~ Cityade,quate time to evahJ~te the bids. 7. An officer or representative who has officinlauthorizntion to sign bids MUSTsigilthe.BldForlli. Alruilsigiiedbid is 110t a valid offer, therefore, failul'eto sigii+nfhe. si~ace provided Oli the Bid Forlll \ViiI t~ultin the bid being C611sider~d'.bQfi.respO~1,siye ~lld thQt>~dJejecte~t. It is nota minor techni:cality whi.eh the City reserv~ the right to waive. 1'lIblic 1f'ork:rAtbllllllst/'Otioll Page 8 CITY OF OVIEDO WATER PLANTCHEN.llCALS I,W/TATION TO BID # 09-20 8. All bids mllS! be signed wHh the firm name and by atesponsible officel' QI: employee; Obligations a~sumed .by'such signatul'e~ must be fulfilled. If tlW bjq is l:na~e by an individual) heJn~st sign his name therein and state hisbusitlessildciress and the Ilsme 811d address of every othel'person interested ili the bid as principal: .It"thebid is made by a finn or partnership, its ria111ef,ln.d busli1~s ll-Qdress1l1ust be:stated as well as the n~me ~nd&ddressofeac.h mel)1beJ of Ole f1r~ orp~t.1~er.ship. Ifthe bid is made bYRcorpol'ation~. the bid niust be signed by an authorized officel' or ag.ent,subscribing. the name of theco't'Poi"ation with his' OWll name and affixitig the c.ol'poratiOll s~aL 9. The Bidder i.s r~p(;msfbl~ f9rm~kings~lI'e that any and allnddenda have been'receivedprior,to. submission of the bid. C. Questions and mqulrtcs :Relating. to :Bf(}~ 1. Every request for interpretations or con'ectiolls, wllether technical or general in nature, ~ be in writing onlybYlnail~ fax or e-mail to: Barhart\" T~ylQr, Purchasjng .Coontinator City pfOYieqbPul'chasing'D~partme~t 400 Alexandria.Boulevard . Oviedo, FL 32765 .Fax:: 407..971-5806, E-maU: btay-lor@ctty()fovi~do.net ~. Th~e inquiries must be. received in :the. Purchasing Department Uo later thall.AugUst 11,2009 at lO:OO'ft.ri1.. inordel' to provide adequate resp'oilSe time to queries and issue an addel1d\lm~ if ll:ec~'sary. 3. Questi.on~ ~onct(rnillg the tecb:nigJ,\l'~p'!,':vifi:caH~,I,1s wjll, be fonvRrded by this office to the. appropriate 'requesting depadmentldivision. Prospective. Bidders are .riot to ,contaot .allY .meil1b.er Of the: City :of Oviedo. staff 01' offiCials .othet. thall the above speclned cQlitactpetson unless expUciHy f\uthoriz~d 'by tlus office. D. Addenda Any cladfiG'utiol1/changes will 'be, tl)to\l19l written ltddend\lIll only ;ss\.led by the City. The follQwhlg informatioll applies: 1. No interpretation of the niemung of the bid documents,attac1unents (if any), or allY other related documents, nor cone.ction of any apparent ambig\.iity, inconsistency or errortherehl, willbcmad~ 'to atiy Bidder orally. P"blic Works Administration Page 9 Cl'l'Y OF OVIEDO WATER PLANT CHEMICALS ljI/VITATION TO BID #I 09-2Q 2. All COrtcctit)lis. interpretations and supplemental instructions will .be in th~fortn o.fwrittep addend.ato the l,;id documents which will be available thro\lgh the DemandStar.com system~ 3. the Bidde.ds responsible for m.nking slIl'e that any and all addellda have beenl'eceived pdo!" to su.bmiss'ion .of the bid. In case any 13idcler fails to acknowledge -receipt of ~t1Y ~uch fl~d~ndum in the space provided 011 the Bid Form) the bid will nevertheless be construed as though the addenda have been received and acknowledged) i1ild the sUbmission of the bid will constitute acknowledgment of the receipt of the addenda. 4. Qn1y the int~rpretation o~ correction given by.the Purchasing Department 01' authOllzed representative, ih wrlting, will be binding, aild prospective Bidders are wante.d that h6 othel'So\lrc6 III a\lthodzed'to give infotmatio.il coi1ceming, or explauiingor interpreting the-bid dqc'lments. E, Exceptlons taken to Sp~ClflC:Rtlons: I. In the event you elect to bid, but .must take~x.ceptioils to the pici specifi(:~tiQns. the a.i.dder .wUf. ~e l~equired. to. plake a notation by the parti~~l~r.s.p~qi:ijcati.on -.that ~oes 'llotconfQrm .to the minimum requirement. ' 2. Notation wiH h~. ip th~ fotll1 .of marking thl'ough the particulll1: spcGiUcatlon taking e~c.cp.ti.9.n (q@d iQd~<!.~ting the. t.rue. specifi~tioll of the item either. 01~ t1~e ~~l).epage the specification ~is listed 01' .on. the bidder's company letterhead. 3. Only those Pl1geS tbat the .BIQderistJ\{{illgexceptio~.toshould be l'ctumeq with .(he BidF~1'll1. ' . F. Submission of-Bids 1. This bid UUlst be1'eceived. intheO(fice o.fPurchashlg, City of Oviedo) no latel.'tha.1l2:00. p.m" Allg\lS.t~4t2.009. 2. Bids and. modifications thereof ,yHlbe enclosed in l\. sealed package, with the Bid ForlT1, any othei'l'equited {Ol'ms, ahd each accompanying sheet on which a.n cl1t1'yl1as. been.~ade by the Bldcler.; The s.ealed package is .tobe mailed or, delivered .0 'the City of:OviedoPurcha~ingoffice witll thel1ame and address of th~ Bidde~, the due:date and time) and the bid number on the face of the package. It isdi"e'Bi9der~~ respQl1s.1lJ1Utyto ftSsute that the. bid is properly addressed or delivered 10 the following locatioll: ' . PI/blie Works Adml"rSlrafloll Page 1 0 CITY OF OVIEDO WATER PLANT CHEM.ICALS INVITA TIQN TO BID 'n 09-.20 City of-Oviedo , Purcl)a~~g O"ffiqe, First Floor 400 Alexandria Boulevard bViedo,:FL 32765 3. The City will In 110 way:1;le r~p"onsiQle fo.' delays In delivery caused by the United States Postlll Servioe, other mail or courier service, delivery to 'any other City office, traffic, 'location of facilities or office, 01' delays callsed by any other oecuo'elices, The delivery date and time will be scrupulol1sly observed. 4. Bid~ Will be received and officially..recorded aueceived in the PUl'cluising office ONLY. 1']le t(iJieldtlte still~p .1bMted.iti the purchashlg office will selve as the 'offiCial authority to.determlne lateness Many bids. S. Undenw circumstances will bid~ .del,iv.eredafterthe due date and time specified be considered. Bids received nfter the due date and time will be disqualified as late bids mid will not be recorded as a l'espondingBidder. Late"bids \villbe:i'etulned.to.tbeBjdder unopene<\, 6. DQ not re,tut1l: the ~ntJre bldP!'~~{f.\g~. Only the Bid FOl1n,.any other required fOlms and each accotripnnylrtgshc'etort which an entry has been made brthe Bidder should be.teful:iled l1i illes,eaied packag~; 7. To fhci!itnte the'e~ah1aHon. pl'Oc~~) each bidder is to submit the 'bid in d\lplicate (ol'igiQalBid FQrll1; ma~kedoriginal with attachments and one copy ofihe:Bid :Formand allattaolurtents.) 8. The Bidder r~pt~entstlill'tth~ (u:tiol~(s) to. be. Jurrij~hed \lllQer this Invitation to Bid is/l\re ~ewaJld ulll.ls.<::d, ~I~r~s speciijcally so stated, and that the ql.lalitY has notdeteI'iorated so as to:impair its \lsefulness. G. WithdrawnlorCoi'i;ectlon ti.f:Bldsl. 1. Bid.s may be\vith9rawn Qt;. corrected priQr'tQ the due date and lime by wriUep. l'equest'~y the Biddc::r flnd received by the purchasing office before the time for,receiving,bids has expired. 'Wrltlert requests hand delivered.to the Purcha'singofflce niay also' i'eqt.lire ideiitiflcl\tlOh, such as. a busines's card a.nd/or drlverls lic~nse. 2. Aft~r-t!l~bid du.e date and time. a Biddercannot.withdl'aw or cori'ect 11 bid, Negligel1c~ OIi the part Of the Bidder'in prep'adng. l\ bid Is not gro.unds_for withdi'awaL6.r,mddification of a bid rtfte.r tlie bid due date l\nd t4ne and thi:) bid subni.itted lnuit be'inforce f'Qr~b caJenoar days aftel' opening. Bidders may not assign or otherwise ~ransfer their bid. Ptlge 11 Public Works Adllli"fslra(ioll CITY OF 0 VIEDO WATER Pl..ANTCHBMICALS INVITA710N TO BID II 09-20 H. Bid Opeiuug: Bids will be publicly 9pened and read in Council Chambers, City Hall) 40Q Alexalldria Boulevard, Oviedo) Florida, 32765 at 2:00 p.m., August 24,2009 or RSsoon thereafter as possible. END OF SECTION Page 1-2 Public Works Ad1llliiislralio1l CITY OF OVIEDO WATER PLANT CHEMICALS INVITATION 7'0 BID fI 09-20 SPECIFICATION A. DESCRIPTION OF SERVICE The ContraQtor ~hall provide and delive"rthe follQ\ving chemicals to one or both Water Treatment Plant Facilities lOC6ted within the City of Oviedo at 250 West Mitchell Hammock Road and/or 1600 Alafaya -Woods Boulevard: . Sulftu1cAcid 93% . Sodium Hypochlol'lte 12.5% (JO%b)lll'ei~/'t ~ 12.5%6>, t/'Ode) o Amniollia.Hydr6xirle 19% o Zinc:Orthopliosphate . Fluoride 23% . Sodium Hydl~Qxid(!'50% The table below iudicates-thea.vctage;deliverable qUl\lttity.for each chemical and the esthnatedannual \lsage. 'The estimated anllualquftl1tity shown is theCHy's best -attemp~:at QalC1,llaHng _their a'n_llualneeds; but in no way obligates the City to purchase aity minimum amount ChemiCal Name 'UJitts Dellverilblc EstimatcdAm1l1ill QUtlJitltv O'tailtlty Sulfuric Acid 93% g"llons 700 3,000 gal. Sodium HYP9chlorite: lZ;$.% gallQos 4,5.00 135,000 gal. (10% :by wi -~ J 2.5%' ~y .(i'M~) Anunollia Hydroxide 19% gallons _ 1,000 to 8,000 gal. (I!ll1kct lilielc) 2,000 Ammonia Hydroxide 19% 55,gal 6 4,40.0 gal. (80drul1)s) qnlitis Zinc Orthophosphate SS,;gril 4 1,320 gal. (24 drums) 9nlm~ l?luoride 2~ % gaUcms 700 .8,788 gal. S6diulil Hydroxide 50% gallons 1,5_00 30,000 ,gal. Contractors are llot-require4 to provide prices for all -chemicals listed, b\ltl\1'e encouraged to provide bids- for any.chemicaUistedabove which they supply, All cilelilicnIs milst bCJ)ppl'oved fOl' clriuIdng WlltCl' nppllcatioll nlldmeet 01' excc~c1 the American Watcnvorks A~~ociatlon (AWWA) and thc National Snnltation Foundation (N~li')stl\l1dJ\rds. Public Works Admlll(sli'(ltioll Page 13' CITY OF OVIEDO WATEll PLANT CHEMICALS TNVITATION TO JJID #.09.20 All Hems quoted must be itl compliance'with all Specifications and Contractor shllllbe houud by all reqtiii'emetitsas con.tltitl~c1 iit this soHcitatiollpncl<age ane! all addend~ .th~reto_. Delivery must be withhl.one week oforde(l betWeen the hours of 8:00 a.lli. and. 2:00 p.m., Monday throng.1i Friday. Therettlustbe,a 48 "ilotJr notice on delivcdes. Supplieds .'esponsible fot aU connections and ad.apte~s required to match the City's piping a(thedelivery/discharge location. As stated in the Genei'nl ConditioJls, the City of Oviedo reserV6$ the light to ptll'chase these chemicalsfr9,tt1 a State Purcha~e Contract, a Sicop Bid, or any other State or LocalGoyernmenta~. elltUies b.id or contract if in the best interest of the City. This action will not waive or' void any of the terms and conditions containe.din the Agreement. n. EFFECTIVENESS AND DU:RA,TION Theagl'eement(s) l'estiltingfro1n 'this soficitationJs.for the items described .in this bid docuinent. ,A siunple 'COpy anhe CitisGoods anclServices Agl'eemellt is attached hereto. as Exhibit.A. . The :agreement al(m~ wiJl.not~uthorize the:purchase' of materials '01' l'eqliire the City to place any orders 1'01' wdrk 01' matefh\1s.. Requitecl J11arerials ,vill be specificallyenumenited, de-scdbed lU1d del)i~ted in the Purchase (jrdef.~1JdlQrlzing the'purchase Qfthespecifi~'matedat. The pedod of'agl,'eenle.lJtwill be one (1) year'from the date of the agreement. The agreementniay. be renewetl fat" two (2) additional on-e (1 ) year periods ifmutually agreeable .to both partl~s.. c. BID tRiCE Each bidder'will be expected "to daacost breakdown oil the Bid Form. Failure to do sO \viIl caliSe the bId to beeliltilllated' as )1,oJl.:.r~~p611sive. Unle.ss othelwise 'stated, th~ pl;ices wlll. includ~nllcosts of l>ackaging, transportation,delivel'Y, unloading) labol',equipliiellt, tools, materials, atid all othel' costs not specifically' Hsted herein. Price wii1 be aU inclusive with no additional hidden costs. D. B~D BOND PI/blie Worb Admi!lfs{mlloll Page 14 CITY OF OVIEDO WAXER PLANT CHEMICALS Bids shall containi toand,be:responslve to lhe.}3iddii1g' DO,cuments in this Bid and must be 'accompanied by a, Ce~1ifled Check; Cnshiel"sCheck. 0'1" Bid Bond, in an amount equAl to 5% qf the Total Bj<l A1IJ.ountJ ~ade paynl,>le to the City of Oviedo. ,INVITATION TO BID# 09.20 E. PAYMENTIPERFORMANCE BOND No Perfonnance/Payment BOlld will be required 'for this bid. F. RIGHT OF ENTRY The City will secureright'ofellh'y for all property upon whioh the work ista be perfonned. . END OF SECtION Pllblic Works Admi"istration Page 15 CITY OF OVIEDO WATER PLANT CHEMICAI~ INVITATION TO DID # 09-20 "NO BJI)"RESPONSE TO INVITATION'TO BID City of Oviedo, Florida 400 AlexlUldda Blvd Oviedo, Florida 32765 If your firm is unable to subniit a ,bid at this time; wouid you 'Rleaae provide the infolTIlittioiHe.ql1csted hi thesp'ace providedheloWandt~tumto.: City .ol'Ovled9 :P111'ch~sillg.Dlvlsloll 400 AlcxntldtJa Blvd Oviedo, Floi'fda 32165 We h~ve received. Invitati~n to Bier N9. on (date)., ,opening at PM ReaSOIl for 110{ bidding: nla ay: " Sigoature Ne.llie &, Title, Typed OX Printed Company Nnme Public W(Jl'ks Admil/istratiQn Page 26 EXHIBIT A CITY OF OVIEpO AGREEMENT FOR GOODS AND SERVICES WITH THIS AGREEMENT made ,and entered Intd the , d~Y-~Qf' I 200- by and between the City of Oviedo, Florida, whose addr.~,~:s;'ls 400 Alexandria BoulevarQ, Oviedo, Flotida 32765, .a. munlclpalcorporatlog;{9'f'the SM*~ of Florida, holding tax ~xempt status, hereinafter referred tO~~!i?,S ~.~X~';""CITY" ,and . whose prlnclp,al andv;,:" 19.~:all addr~~s Is . hereInafter referred~~l1if as t~.<li~~ the "CONTRACTOR". The CITY and theCONTRAOT i "are collectlveIYJ~~fe~r~;~~l6 herein as the Parties. -"fXt~)2;~F ~-:..;:~!;V WHEREAS, the 'CITY desli'es to In the bid and/or propos~1 spe GaUo, , (O~ RFP, :ETC.) ; ~ . W.HEREAS, the WHEFtEA necessary to supp.' and conditions h~r I .fte~' and provi ' ,such g,. ' (I $' :~~ HEREA~,the ' NTRACTOR hereby warrants and represents to the CITY that It~!~ cO!!lP~~~~d : : e"Ylse~ble to provide professional and high quality goods and/orre.~~lsr&s.to thSl1IT " a,nd l'. WHE.~~~...~#all CITY promulgated bid documents pertaIning to ~. .~~~ :and all. submissions submItted by the CONTRACTOR In the proposals/bid submitted to the CITY are hereby Incorporated herein to the extent not inconsistent with the terms and conditions as.set forth herein. WHEREAS, the CITY desires to retain the CONTRACTOR to provIde all labor, materIals, equipment, facilities and services in accordance with, but not limited to, the gUidelines In the Scope of Work; and Page 1 of 24 WHEREAS, this Agreement Is. not (O.F~ "Is") subject to the provisions of the Consultants Competitive Negotiations Act; and' WHEREAS, the CITY desires to use the expertise and knowledge of the CONTRACTOR; and WHEREAS, the CONTRAGTOR reCQgnlzes the Im'portance tg, the public of strict adherence to .all laws, rules and regulation's' with particular regax~~O' safety procedure and process; and .:#t~V ..f,~~~~'" ,,:~ii'> NOW, THEREFORE, In co.nslqeratlon of the mutualca:~[oant~~"t1d agreements hereinafter contained ,and oth~r good and valuableconslder~l!!!>l!fthe rec~IRJand sufficiency of which Is hereby acknowledged, It Is agteed by ancHY~,l~eenof~n~'~partles hereto as follows: ",ne:. .!~~;~,,., \:;~iit}r~I' SECTION 1: GENERALPR,OVIS.ION . t Is hereby deflhed partners; principals, t the CITY may retain other goods . e 00 nd/or services for CITY projects. he . . ,at the CITY's option, may request proposals from the CO NT . eo.' r :goods and/or service providers for CITY projects. T " CITY re '. ~s . fi . t to select which good$ and/or services provider shall pro~.' ' ds an ' . ervlc s for-the 'CITY's proJects. ~. . (c) The G~ T It.. Iilr es to 'provlde and ensure coordination between 900d~provld . '. 'dt Tam~~e.' nt Is for .. .. ,.a~ .set f9rth herein and 4~&~se" CfJr." te, . y.the CITY tolnch.lde all If;lbor and materials that may be requlreaf-.t.<~' -';; (e) 1~],h~i~~';"~~~IS herein are true ~nd correct and form and constitute a material part of this AgreeYnent upon Which the parties have relied. (f) Each party hereto. represents to the either that It. has undertaken all necessary actions to execute this Agreement. and that It has the legal authority to enter Into this Agreement and to undertake all obligations Imposed on It. The person(s) exeoutlng this Agreement for the CONTRACTOR certify. that he/she/they Is/are authorized to bind the CONTRACTOR fully to the' terms of this Agreement. Page 2 of 24 I I r (g) Time Is of the essehce of the lawful performance of the duties and obllgatlons contained In this Agreement to Inolude, but not be limited to, each Purchase/Work Order. The parties covenant .aml agree that they shall diligently ahd expeditiously pursue their respectlvEl obligations set forth In tlils Agreement 'and each Purchase/Work Order. (h) When the term "law" Is used herein, said phrase shall Include statutes, codes, rule and regu.l~t'ons of whatsoever- tYPfil or nature ena.cted or adopted by a governmental entlty.of COh'lpet~nfjurisdlctloh; "'" (I) packages must be plainly marked with the :shlpper's name and the Purchase Order Number; charges are not allowed for boxing or crating unless previously agreed upon In wrltln.g., 0) All materials m'ust be shIpped by the CONTRACTOR to the' CITY. The CITY will not pay shipping, freight or exp a _ arges. The CONTRACTOR shall (1<) The Data Sheet (MSD or substance pur' I shipments and relat ".";j:.,, . "Ir~~~':phe CO mate " , sUPpJI~,~e requ', ,_ .~gtP1$1~<featfi,~a Occu YOmis~Safety i111\i the date hereof. . !II) '::'" _ .A~~fti '-.(f..'\.........(.~.-,07 ""'~..o,:.,.};,.'.:.e.;:1i' - (m) .1t~jls~,:.agreed that nothing herelnc~mtalned Is Intended or should be construed as In any manner creating or establishing a relatlorishlP of co-partners between the parties, or as constituting the CONTRACTOR (InclUding, but not limited to, Its officers, employees, and agents)' the 'agent, representative, or employee of the CITY for any purpose, or In any manner, whatsoever. The OONTRACTOR Is to be and shall remain forever an Independent contractor with respect to all services performed under this Agreement. , affected within the time stated on serves ,e right to cancel Purchase Orders tlmel stated on the Purchase Order. l' :00 P.M., Monday through Friday, , the CONTRACTOR, the CITY may : ~ ase Order' from other sources and e ~s expense occasionally incurred prepay shipping charges. Delivery must the respective Purchase Order. The. C.I and purchase elsewhere If delivery Is , Deliveries shall be mad e betwee . 0 unless otherwise stated. In case procure the articles or ~ervlces COY hold the CONTRACTOR' ponsll:il thereby. ~h the .aITY with a current Material S~fety .. ~e of-~~ch and every hazardous chemical . labels and MSDS"s shall be provided for all ch 'materlals, ClOR hereby gyarantees ttle CITY that all work and all sand equlpment,-as listed on a PlIrchase Order meet the " . s and standards as provided for under the Federal , althAct of 1970, from time to time amended and In force' on Page3.of24 (n) Persons employed by the bONTRACTOR fn the provIsion and performance of the goods and/or services and functions pursuant to this Agreement shall have no claim to pensJon, workers' compensation, unemployment compensation, civil service or other .employee rights or privileges. granted to the CITY's officers and employees either by operation of law or by the CITY. (0) No claim for goods and/or services furnished by the CONTRACTOR not specifically provided for .herein or In a Purchase/Work Order shall tie honored by the CITY. SECTION 2: SCOPE OF SERVICES. (a) The CONTRACTOR shall safely, diligently and In a profe~~lp.hal and timely manner perform, with Its own equipment and assets, and pr6\ildeg~ods and/or services Included hi each subsequently entered PLirchaselWork Order. Unless modified In writing by the parties hereto, the duties of the CONTRACTOR shall not be construed to exceed the provision of the goods and/or services pertaining to this Agreement. . . (b) The CONTRACTOR shall pro'i/lde' the goods and/or services ..as generally set forth and described In Bid Form and speclflcailY detailed In various Purchase/Worl< Orders as may be Issued from tlme-to-tlme by the C'ITY. SECTION 3: PURCHASEIWORK ORDERS. (a) The provision of goods and/or services to be performed under the provisions of this Agreement .s.hall be commenced as set forth In the CITY's bid/procurement documents upon .the exeoution of this Agreement and a Purchase/Work Order. Issued on. a form provided bY the CITY hereunder commencing the provisl.on.Qrgo.pdl;)~nd serVlce's. AdditIonal services-to be performed or goods to be provided. by "the CONTRACTOR to the CITY,shall be authorized In written PurchaselWork..Or.derslssued by .the CITY on a form proylded by the' CITY. Purchase/Worl(O"rders executed by the CITY shall Include. a detailed .descriptlonof quantltie~i :serVlces .~i1d a completlon ~chE!dule. ThE;) CONTRACTOR shall review Purchase/Work Orq(;)rs and notify the CITY In writing of .asserted Inadequacies for the City's correctlon,._If:'warranted.ln every case, If work Is completed by the CONTRACTOR'wlthout authorizatIon by ~ purchase/work order or a change order; the CITY Is not obligated to compensate the CONTRACTOR for ttte unauthorized work. (b) If the services required to be performed by a Work Order are clearly defined, the Work Order shall be lssued on a "Fixed Fee" basis. The CONTRACTOR shall perform all servicesrequlre<;l by the Work Order but, In no event, shall the CoNTRACTOR :be paid more th~n the negotiated FI?<ed Fee amount stated thereIn. Page 40f 24 (c) If the services are not clearly defined, the Work Order may be Issued on a "Time Basis Method" and contain a Not-to~Exceed amount. If a Not-to-Exceed amount Is provided, the CONTRACTOR shall perform ~II work required by the Work Order; but in no event, shall the CONTRACrOR be paid more than the Not-to-Exceed amount speCified In the apPlicable Work Order. (d) If the services are not clearly defined, the Work Order may be Issued on a "Time Basis Method" and contaJna Limitation of Funds amount. "The 'CONTRACTOR is not authorized. to exceedthatajiiount without the prlorwrlUen'approval of the CITY. Said approval, If given by the CITY. sha/llndlcate a .neW qr;ri!tatlon of FOnds amount. The CONTRACTOR shall. advise theCITV whenever the CONTRACTO~ has Inc.urred expenses on any Work Order that equals or exoeed.s eight y:'> perPe nt (~O%). .pf the Limitation of Funds amount. ..- -.' (e) For Work Orders issued on a ,jFlxe.d Fee Basis;" the CONTRACTOR may invoice the amount due based on the percentage oftotal Work Order services actually performed and completed: but, In no event, shall the Invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (f) For Work Orders 'Issued on a "Time BasIs Method" with a Not~to-Ex~eed amount, the CONTRACTOR may Invoice theamQunt due for ~ctual .work hours performed but, In np .event, .shall the IIJYolc~ amount exceed a percentage of the Not-to'. Exceed amount .equal to a percl3nta'ge .of the tbtalservlces .actually completed. (g) Each Work Order Issued on a "Fixed Fee Basl.sil or "Time Ba~!s Method" with a NoHo-Exceed amount shall be treat~d separately for retaln~ge purpose~ whlqh shall be prescribed on thef?ce of the Wqrk Ot~.er. If the CITY determines that Wotk Is substantially complete and the amount retained Is considered to be In excess, the CITY may, a~ Its:sole andabsolllte discretion, release the retalna~e or any portion thereof. .:(h) For..Work Orderslssu6ld on a "Time Basis Method" with a Limitation of FUllds:amoll.nt"th~'P9NTRACrOR may Inv61cethe amount" due for services actually performed';ahd c"orr{~l~ted. The CITY shall pay the CONTRACTOR one hundred percent (100%) of Uta approVed amount on Work Orders Issued on a "Time Basis Method" with a LJmJtatlon of Funds amollnt. (I) Payments shall be made by the CITY to the CONTRACTOR when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be Invoiced separately. The CONTRACTOR shall rencler to the CITY, at the close of each calendar month, an itemized Invoice properly dated, describing any services rendered, the cost of the se.rvlees, the mime and address of the CONTRACTOR, Work Order Number, Contract Number and all other information required by this Agreement. Page 5 of 24 SECTION 4: GONTRACTOR UN.D,ERSTANDING OF GOODSISERVICES REQUIRED. Execution of this Agreement by the CONTRACTOR Is a representation that the CONTRAOTOR Is familiar with the goods and/or se.rvlces to be provided and/or performed and with localcondltlons. The CO~TRACTOR shall make no claim for additional time or money base~ upon Its failure to comply with thl~ Agreement. The CONTRACTOR has Informed the CITY, and hereby represents tq~lh~ CITY, that It has extensive experience In performing and providing the servlce~j~~cl/or goods described In thl~ Agreement and to be Identified In the purchaselWor.~"(t!raers, ~g~:~.that It Is well acquainted with the work conditions and thecompo~effis~rir.at.~~;~r.f;F'properIY and cust6marllylnoluded within such projects and thereqUlrement~.~gJ?lawsr' or~Q.ance, rules, regulatlohs or orders of any public authority or licensing eritllli~_~avlng .j,yflsdlctlon over the CITY's Projects. ExeC.uUonof a Purchas' ork Order $ha1l:~,~gtafflrmatlve and Irrefutable representation by the CONT. OR to the "'~JWYth~t the CONTRACTOR Is fUllyfamlllar with any .r .. site work 'kmClltlons of the provisions of the goods and/or services. (~) The CITY may revise. ahy particular PurchaselWork Order. (b) Revisions t rch~ " rder shall be al.lthoriz;ed In writing by the CITY as a Change '.' ., an .. Ord~rsha" ,lricluo$ ~ schedule of completion for the goods and. :. horlieOd. Oharige Orders shall. Identify this Agreement and the appro"priate . ~ has. ork e>rdernumbet. Chahge Orders may contain additional Instructions or ~ ~slons specific- upon.. certain aspects of this Agreement pertinent to the goods an ior servJces. to pe prpvlded. Such supplemental Instructlons..QT provlslpns shall not be construed ~s a modification of this Agmement. An Agft:lement between the parties on and .executlon of .any Chang~Order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to .:the Impact of the change on unchanged goods andlor work, Including .all direct and Indirect costs of whatever nature, and ~II adjustments to the CONTRACTOR's sch~dule. SECTiON 6: CONTRACTOR RESPONSIBILITIES. (a) The CONTRACTOR shall be responsible for the professional quality, accepted standards, technlcal~ct;:l..!raoy, neatness of app~ar~nce of :eniployees, employee conduct, safety, and the coorcllhatlo:n of all 990ds and/or seivlces furnished by the CONTRACTOR under 'thIs Agreement as well as the conduct of Its staff, personnel} employees and agents. The CONTRACTOR shall provide to the CITY a list of employee working days, times and asslgnmentf? within two (2) hours of the CITY"s request for such Information and the CITY may request and the CONTRACTOR shall Page 6 of 24 provide employ~e addresses and drivers' license:s.. A\I""CONTRACTOR employees shall at all times when performing work wear IdenUrlpaUon badges which, at a minimum, provides the name of the employee anc;l the CONTRACTOR. The CONTRACTOR shali work closely with tbe CITY o"n all~spects of the provision of the goods and/or services. With respeCt to services, the CONTRAOTOR shall be responsible for the professional quality, technical accuracy, comp.etence, mefhodology, accuracy and the coordination of all of the (ollowln~ which are listed for lIIustr~tlon purposes :.Qnly and not as a limitation: documents," an~lysl~, reports, cjata, plans, pJ~~~F' maps, surveys, specifications, and any and ~II other services of whatever tYRl.%,:.9t nature furnished by the CONTRACTOR under this Agieement. the CONJ)t~ACTORI/~halli witho.ut additional compensation, correct or revise any .errors or defi~r~hqles l.ntgIS)her/lts plans, analysis, data, reports, designs, drawings, specifications, and afi~<~p.~Wall other ~~fVices of whatever type or nature. The GONTRACTOR'ssubmlsslori~~f!b respoJ:)~.~qo the subject bid or procurement processes are Incorpor herein by thls4:~f~r~d;gethereto. " ";f.1~f;7 (b) Neither the CITY's review, ap; 'r~etance of,.ot Pf3ym~nt .for, any of the goods and/or. serVlce.s. f(:l"qulrs" I ~. J ..' .. os' ~ e. to o. . :a e as a waiver of any rlght~ ur)der this Agreement or . any :c e of '!" . arising out of the performance of this Agreement and tli . NT' . OR sha I :'~ and remain liable to the CITY In accordance with appll '. e la ~mages to the OITY caused by the CONTRACTOR's negligent. or 1m' .. r. pe. ance: or failure to perlorm any of the goods and/or services furnlsh(;3d un ~gr nt. (d) Tim provided by the C \ , PurchaselWork .Or '~~N 7:.01 . . 1(;1115 AND RESPONSIBI.LIT!ES. ~'~)_~r:fTJ!i.-&f~', ~~~ '.s". . 1 reasonably coo~erE(te with' the CONTRACTOR In a timely fashlo'f1'1atul~~~ostto. ,. C NTRACTOR as set forth In thIs Section. .. . . ;,~: .. . I.'ffj (b) 1t~B1a.(ji~WY 'shali furnish a CITY representative, as appointed by. the designated r~~rerrEffita.tlve to ~dmlnlsteri revl~w and coordinate the provision of services under PurchaselWork Orcters. (c) The rights are In addition to any other (c) The CITY shall make CITY personnel avall.able where, In the CITY's opinion, they are reqLilred and necessary to ,assist the CONTRACTOR. The availability and necessity of said personnel to assist the CONTRACTOR shall be determined solely at the discretion of the CITY. Page 7 of 24 (d) The CITY shall examine all of the CONTRACTOR's goods and/or .servlces and Indicate the CITY's approval or disapproval within a reasonable time so as not to materially delay the provisions oHhegoods anq/or services of the CONTRACTOR. (e). The CITY shall transmit Instructions, relevant Information, and provide Interpretation and definition of .cITY policies and decisions Wfth .respeot to any and all materials and other matters pertinent to the services covere.d by thl~^Agreement. ..4iY't (1) The CITYsl1all give, wrltt~n notice to the CON1~CTOR whenever the CITY's designated. repre~enta'tlve krioWs~f a develo'pment t9~~ifffects t.~goodsand/or services provided and performed under this Agreement, t1mlng,p'f. the ,G~NTRACTOR 's provision of goods and/or services, or a defect or change nece'~~f!rwi!11H;e go09~1.~nd/or services of the CONTRACTOR.:~~:~L, ..:;,:;:.:t' . ";'~:;~~f>i' fd.f;::' (g) The rights and remedies of the CITY , ,~ded for unde'i'~.\H"WAgreement are In addition to any other rights and reme "vi ~~. law. Th~CliY may assert Its right of recovery by any appropriate m~ s n g:.., S' otEII 'ff:etl to, set-off,sult, withholding, recoupment, or .countercl.: either Ing o. .' eriormance of this Agreement as well f,lS the adjustm!;3nt ofl(. ... ent ade to t . ,; ONTRACTOR based upon the quamy of work of the CO C eco ny and all. legal cosls Includ.lng, but , ts . ~It maY Inc4(1n any legal actions. It l d conditions: of tlils Agreement or the car lout the duties and responslblHtfes (I) The I . !'l '~olnslst I.n ~ny histat'lce upon ~he strict performance of an . ' bvl' . s greeniehtj.or to .exerclseany .rlght or privilege grante~a CITY., . .' I S. .. not cOhstituf~ or be construed .as a waiver of any such I@'VISlon ~.~;~ht . the same shall continue In force. . t~aJ . ,q-:J!~~llfie~~E) ,IT.Y I S review, approval or acceptance of, nor payment for, any ol~tFfa~d8ds and~~r s rvlcas (eqL!lreg shall be construed to operate as a waiver of any rignts under th~1 Agreement nor or any cause oJ action arising out of the perf()rmanc~t(QfrJ~!~.!,(greenient and the CONTRACTOR shall be and always remain liable to the (ji;PY:)ln accordance with applicable law for any and all damages to the CITY or the public caused bytheCONlRACTOR' s negllg~nt or wrongful provision or pelforlnance of any of the gooc!s a.nd/orservices furnished !Jnder this Agreement. (k) All deliverable analysIs, reference :data, survey data, plans and reports or any other fonn of written Instrument or document that may result from the CONTRACTOR I S services or have been created during the course of the Page 8 of 24 CONTRACTOR' 5 performance wider this Agreement shall become the property of the CITY after final payment is made to. the CONrRACTOR. SECTION 8: COMPENSATION. (a) Compensation to the CONTRACTOR shall be as set forth In each Purchase/Work Order which assigns goods to be provided or services to be accomplished' by the CONTRACTOR. .. (b) The CONTRACT shall be paid In ~ccordal1ce with the'schedule of charges asset forth In the bid documents and In the Bid Form attached hereto as Exhibit A. . (c) There are no relmb.ursable expenses to be paid to .th~ CONTRACTOR except a.s specifically set forth her~ln. SECTION 9': INvoicE PRO'CESS. (a) Invoices, whIch are .In an a.cceptable' form to the CITY and without disputable It~m.s, which are rec~i.ved by the. CITY, will b.e prpces.sed for p~yment within thirty (30) days of receipt by the CITY. (b) The. CONTRACTOR will be notified of' any disputable Items contalhed In Invoices submitted by. the CONTRAOTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. . (c) The CITYalid .the CONTRACTOR will make every effort to resolve all disputable Items contained In the CONTRACTOR's Invoices. (9) .gach hW9.1ge sh~II referenc~ this Agreement.. the approprlat(il Purcha~~1W6ik Orderatid Change .order If- applicable, and blllln'g'perlod. '(e) The Florida Prompt ,Payment .Ac/shall apply when applloable. A billing period. represents the..dates in which the CONTRACTOR completed goods and/or services referenced In :an Invoice. (f) Invoices are to be fOlWarded directly to: Finance Departtnent City Of Ovledo 400Alexandfla Boulevard OvIedo, FlorIda 32765 Page 9 of 24 SECTION 10: COMMENCEMENT/lMPLEMENTATION SCHEDULE OF AGREEMENT. (a) The CONTRACTOR shall qommence the provision of goods and/or services as described In this Agreement upon .executlon of this Agreement or execution of this Agreement or execution of. a PurchaseIWor'k Order Issued by the CITY. (b) The CONTRACTOR and the CITY ~gree to m~ke every'effort to adhere to the schedules required by.the CITY or as est~lJl.ished .feir the various Purchase/Work Ord~rs as described hi each PurchaselWotk .Order. However, If the CONTRACTOR Is delayed at any tlineln the. provision of goods and/or services: by any act or omission of the CITY, or of any employee, tumult of the CITY, or by any other ~Qritractor employed by the CITY, or by, changes ordered by lhe CITY, or by strikes, lockouts, flrej,...uhusual delay In transportation, tt)rrorrsml ullavolC!ablacaSlialtles, or any other cauSeS of force majeure not resulting from the Inactions or'actfons ofthe CONTRACTO~'and beyond the CONTRACTOR's ,control which Would not reasonably be expected to occur .In connection with or durin"g performance or provision of the goods and/or services, or by delay authorized ,bY the CITY pending a declsh;m, or by any calJse which the CITY shall decide to Justify thed.elay; the time of'<~Qmple,tion shall be extended for such reasonable time as the CITY may Cleclda In its sole. and absolute discretion. It is further expressly understood and agreed that the CONTRACTOR.shall hot b.e entitled to any damages.pr compensation, or be reimbursed for any losses' 'on account of any delay or delays resulting from any ofthe afores~ld causes or any other causEI'Whatsoever. SECTION 11: TERM/LENGTH OF,AGREEMENT. (a) The Initial term ofthls Agreement shall be fora period of one (1) Year. After the Initial term, this Agreement may be renewed for two additional one-year periods If mutually agreeable to both parties. The .maximum term tor the contract .andall renewals Is a. cumulative term of " L) years. Should the CITY 'not wish to not have' the GonraGt.~utQlTlatlcally renewed, the CITY shall provide written notice ninety (Q'Q) days prior to the automatic renewal. SECTiON 12: DESIGNATED REPRESENTATIVES. (b) (cj (a) The CITY designat~s the City Manager or his/her designated representative, to represent the CITY In all matters pertaining to and arising from the work and the performance of this Agreement. (b) The City Manager, or his/her designated representative, shall have the following responsibilities: Page 10 of 24 (1) Ex.amlnatlon of ~II work 'and rendering, In writing, decisions Indicating the CITY's approval or dlsapprqval within a reasonable time so as not to materially delay the work of the CONTRACTOR; (2) Transmission of Instructions, receipt of Information, and interpretation and definition of OITY's policies. and decisions wltn.;,~espect to design, materials, and other m~tters pertinent to the work covered by thls~~reement; .~~~jfi~~~-'I (3) Giving prompt written notice to the Cq~fi)RACTO~;,\'<<henever the CITY official r'epreseritatlve knoWs .of a defect or change neC~~Jilry 100:JOe' 'proJect; and . .'~~~i~"i:~~~~t:~~. .~~~t, (4) Coordinating and. rnanaglhgthe CONTRAd1t~~~'s pr~p.t(fatloh of any nec,essary appll.catlons to governmental bodle~o arrange for ~~.~!(~~}..oti of such applications. ~,';-};:'C!/ (c) Until further notice from the City Manage'!" for this Agreement Is: City Manager City Of Oviedo 400 Alexandria Boulevard Oviedo, Florida 32765 (d) The CONTRACTOR!s designated representative Is: Patrick Allman.. General Mgr. Od~SSey Manufacturing Co. 14 4 Massaro Blvd. . Tampa, Fl 33619 SECTION 13: TERIVUNATION/SUSPENSION OF AGREEMENT. , , (a) The C'ITY Iliay terminate this Agreement or any PurchaselWork Order for convenIence at any time or.thls Agreement.or'any PurchaselWork Order for anyone (1) or more of the reasons 'as follows: . (1) If, In the CITY's oplnlol1, adequate progress to be provided or under a PurchaselWork Order Is not being made by the CONTRACTOR due to the CONTRACTOR's failure to perform; or (2) ,If, In the CITY's opinion, the quality of the goods and/or services provided by the CONTRACTOR Is/are not ',In conformance with c()mmonly accepted professional standards, standards of the' CITY, and tt1e requlrements,of Federal and/or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies In a timely manner as reasonablydeterinlned by the CITY; or P~ge11o( 24 (3) The CONTRACTO"R or any employee or agent of the CONTRACTOR Is Indicted or has a direct charge .Issued against him/her for any .crime arising out. of or In conjunction with any work that ha!3 been performeqpy the CONTRACTOR; or (4) The CONTRACTOR becomes Involved 111 either voluntary or Involuntary bankruptcy proceedihgs. or makes an assignment . for the benefit of creditors; or . (5) The CONTRACTOR violates the Standa'rd~ of Conduct provisions herein or any provision of Federal, State or local law or any ,provision of the CITY.s Code of Conduct. " " . ". .~"t~ . . -. '. . (b~ In the. event of any qf the ca~s~s d.~~9~lbed I~ this Sectl~~J the CITY's designated representative may'send a certlfleg letterr.t~~t~e CONTRACTOR requesting that the OONTRACTORshow cause WhttPI~';Ag~~1.,T1I:)(Rl~qrany P}g~!1ase/Work Order should not be t.erm1nated. If assurance .~~trSfa~tOry:t.p the"Q1JkY9.k~OTrecUve meaSiJres to be made within a re'ason~plet.lme Isog\'glven t~rt.'w CITf~~~ln seven (7) calendar days of the date of the lefter. th~1:~9ITYti",~Y .~p'lisldetthe C()NTRACTOR to be In default, and may then imii1edlatel~~~t!Jllnat~'~hI8 Agreerrtent or any PurchaselWork Order In progress under thlsAQreem~~~~~~ . \~'';: '~~:'{.:~') (c) In the ~vent-;.t~~.!-jtl!~ Agr~m~\g.r a PurchaselWork Order Is terminated for cause and It Is later dE1t~lP!~,gt~~al\\e cal{~~ does not exist, then this Agreement or the Purchase/Work Ordet"fj~.edl\jfjet~'i~med t€trmlnated for convenience by the .CITY and the CITYSliqU~U~.l y~ 'the rlgA:~t.?. so~le"natethls Agreement wltho!.!t any recourse by the CONTRAOU-~~~'<h"""i ~~;}~.!\ . ~~.'n" ''4t1~'' ...... '.'''- 't?,;n .;,To "-'t'''i' SECTION.14ftE,~:1fy CONTRACTOR FOR CAUSE. .' he 00 " I. . CTOR may terminate this. Agreement. .only .If the CITY falls i ',T .~n accordance<wlth this Agreement. 'IV In the e ntof-~he oause described In ~ubsectlon (a), theOONTRACTOR shall send ~::certlfl . etter requesting that. the CITY show cause Why the ,A.gre~mElnt should 'not l5~3l ,'ated. If adequate assurances are not given to the OONTRACTOR within fifteen (1 days ofthe receipt by the CITY OfSc;l!d show cause nQUce, then the CONTRACTOR may consIder the CITY to be Iii default, and may Immediately terminate this Agreement. SECTION 15: TERMINATION BY THE CITY WITHOUT CAUSE. (a) Notwithstanding any other provision of this Agr~ement, the CITY shall have the right at any time to terminate this Agreement In Its entirely without cause, or terminate any speoiflc Purohase/Work Order without cause, If such termination Is Page 12 of 24 deemecl by the CITY to be In the public Interest, In writing of deficiencies or default In the performance of Its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, In w'rltlhg, a hearing. (b) Failure 9f the CONTRACTOR to. remedy sald.speclfled Items of deficiency or default in the nollce by either the CITY's' designated representative within ten (10) days of receipt of sUch notlcebfsuch deolslons, shall resUlt In the termination of the Agreement, and the CITY shall be relieved of any and all responsfbllltfes and liabilities under the terms and provisions' of the Agreement (c) The CITY shall have the right to ternilnate.thIS"Agreement without cause with a one~hundred twenty (120) day writt~n not/ceto the CONTRACTOR. The OITY reserves the right to termln~te any Agreement for cause witl1a- five (5) day:wrltten notice to the CONTRACTOR. Notice shall be 'se~~,~ to the parties' as specified In the Agreement. ":i:~:. .;}~~~. (d) In the event .that this Agreemeritl$t~rml~{tf~9, the CIT.Xtshallldentlfy any specific Purch.ase/Work Order(s) being :.te.rmlnated. ;'.an.d ...(~~~ sR~qlflc PurchaselWork Order(s) to be continued to completion pursl,Iantto tt.1~ pro\ilsl0fi:~tof this Agreeme.nt. : '.' '<1-" (e). This Agreement will ~&m.~ri 'in;:~fyU.j6rce aild effect as to all authorized PurchaseIWork Order(s) that Is/are l~~Q!~~mtInUe.d to. cOl'\1p.letlon. ~ Vi '~~~ ..~..~:_.::-.. (f) In. theevent?t~kllafter tH..t\ ~4~ tarh1Jn~~.lon Jor ~aus~ for failure of the CONTR.ACT~R to fulfill 1l~~\,QfiU.~~J!~h8tundt3'f~i!.hIS. Ag.reement It IS found that the CONTRAOTOR has '.not so. f~D~d, lB~., : Inanon shall be ,deemed to have been for convenlence.and 1v.l~hput cause~~~ . ~,t}.",,~. "',' \~~ ~!~{\~~~~ . SECTION 16ThPA'l~~ :IN." E. EVENT OF TERMINATION. llil~event"~'~l~~~~m~~' or any ~lirchase/Work Order Is terminated or canc~ prior to fln.al a9,w. .~Pletion Wltho.ut cause, payment fo.r the unpaid portion of the servl~ s ;irov ., . . tha{{~pNTRACTOR to the date of termination and any Ciddltlonal servI8" S,' , pa I tn;e CONTRACTOR. ~ SEC~lPN 1 CTION FOLLOWING TERMiNATION. Upon receipt of notice of termlna"tlon given by either 'party, the terminated party shall promptly discontinue the provision of all :goodsand/or services, unless the nqtlce provides otherwise. SECTION 18: SUSPENSiON. (a) The performan.ce or provision of the CONTRACTOR's goods and/or services under any Purchase/Work Order or under"thls Agreement may be suspended by the CITY at any time. Page 13 of 24 (b) In the .event the CITY suspends the performance or provision of the CONTRACTOR's s.ervlces. hereunder,. the CITY shall so notify the CONTRACTOR In writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRAOTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such su.spenslon. The CITY.~hall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provls!QQ;: of goods and/or services unless and until the CITY's designated repr~,~.~i1tatlve notifies the CONTRAOTOR In writing that the provision of the good~Hand/or s~.rvlces of the CONTRACTOR called for hereunder ~re tob.e resumed by tt{~!CONTM~TOR. ~.~f5}~ ,.~~::~f!:~~;Y ., (c) Upon receipt of written /'lotlce from the. CITY thaWm~'t~ONT~~TOR'S provision of goods and/or services hereunde.r.are to be r.esumed~-:tlt~~CO.MmRACTOR shall continue to provide the services-to the .CITY. :..":. . :':::~~;~~S~r' SECTION 19' EQ'UAL 1l1-ej3lir~TUNilY EMP"LbYMENT/NON- DISCRIMINATION... ,~?;/..~ .. . 41 '-Y~I:l . . The CONtRACTO~ agrees that' I ,lk.nol<tdflrlmlnate a-galnst any employee or applicant for employment for work .under~fhl~jAgreement. because of ra c'e , color, religion, sex, ~ge, nat!on~1 origin o{/d!,s;iplnty~,p.~~1II take affirmative steps to ensure that appllcantsara emp.loyed and employe~s af~~~ated during employment without regard to race) color, rellglon;::sex, age; hatlonal origin or disability. This provision shall Include, but not be limited tp,the folloWing: employment, upgrading, demotion or transfer; recruitment advertlslt:'lg; layoff or. t!3rmrhatlon; rates of payor their forms or compensation; ~%~~~t~'~electJon.. }or . tridnlng, InCludln.g apprenticeship. The CON:RACTD.R. r11~tEf~9~~!~~hall ~pmp'ly With. ~!! th!3 reql,!lrements as Imposed by the Amertcans with dl~'@lmii,~Rh~~;!.her:.~gulatlon~s of the F~deral government Issued thereunder and any ~~~A~~t~ret1tllt~tpents of Federalor'State law related thereto. ~ il~~~~);'.' .. CTION 20: IN~EMNITY AND INSURANCE. :~ ~~~~~ ea,~. ;. ~ . eJ~f&xtent permlttecj by law, the: CONTRACTOR sha/llndemnlfy, hold harl ess and ' fend the CITY. Its agents, servants, officers, officials and employees, ~.n~l' em. from and against any and all claims., damages, losses, and expenses IlfdI.t'WJDg~ but not IIm1ted to, attorneys fees and other legal costs such as thos!3 for paralegal, Inv!3stlgatlve, and. legal support services, and the actual costs Incurred for expert WItness lestlinony.arlslng Qut of or res ult./n g from the performance or provision of servloes required under this Agreement, provided that same Is cause~ In whole or part by the error, omission, :neglIgent act, failure to act, malfeasance, misfeasance, conduct, or mlscandLlct of the .CONTRACTOR, Its agents, servants, officers, officials. .employe~s, or subcontractors.. Ac!dltlonally, the CONTRACTOR accepts responsibility for all damages resulting In ~ny way related to the performance of work. Page 14 of 24 (b) In a(fcorqanc.e with Section 725.06, florida statutes, adequate consideration has been provided to the CONTRACTOR for. this obligation, the receipt and sufficiency of Which Is hereby specifically acknowledged. (c) Nothing herein. shall be deemed to affect the rights, privll~ges, and ImmunIties of the CITY (1S setforth In S~ctloh 768.28; Flof/da Statutes. td) In claims agalnst'any parson or entity lI,demn/fled lJ.ljg.er thIs Sect/on by an employee of the CONTRACTOR '0(1\8 ag'Elnts or sl,.lpcontragt~(,s; anyone directly or indirectly employed by thernor anyone for who~eacts.l<tg$fY may "Q,~ liable; the Inden:llilflcatl6nob"g~t1dn !:f.nder this.. Section. shall hot bei\!lfP,lted b.~t~?lImlta~/on on amount or type of damages, compensation 'Or benefits ~p',~y'aJ?.l~f)'by or (9r the CONTRACTOR or Its l;l!;Jantsor' subcontractors, under Worke~m~:ompens~Jlqti' acts, disability b.enefits acts, or other employee benef/taQts. -"~1ik~. 3;j;;iP' . '~~:;t):.uj~*~'}~' (e) The execu.t/on of this Agreenient,.b~~the' CONTRACTOR sWinT obligate the CONTRACTOR to cO'mply with the Ind~qif.fifl~lpl1 ptov/slon In this Agreement; provided, however, that the CONTRACTGfif1ust al~~ comply with the proviSions of this Agreement relating to Insurance,cover~r~~'. .. ' ~ <I . . .~:.!%" (f) The CONTRACTOf{'$~Ed'sut:rifj!t teport to .the CITY within twenty-four (24) hours of the date of any Incldetit :reSi.Jltln~~ ~~,damage .or which .Is reasonably likely to result In a claim of damage. . ......;~~. ~)~~,'\. 'f SECTION 21:, INSURANCE, . . ,.... . ." .' . ." (a) The :CONTRACr6R:shan'(jbi~lIn or possess and continuously maintain the following Insurahd~\o()verage, Nom a c.ompany or companies, with a Best Rating of A- or better,authorl~~d td'ijo,:.~l;l~ln~~~4n.the Stat~ .of Florida and In a form acceptable to the City and with ory!X ~:~?I;l~lerm_$;~nd co.ndltlom~ as may t>e acceptapleto the CITY: (1) wrii~~ts Compensation/Em plover 'L1abllitv: The CONTRACTOR shalUI provide Workerr~hpompensatlon for all employees. The limits wlll be statutory limits for Worker'sCompensatlon:lnsuralice and $1"..000,0'00 for Employer'S liability. (2) ComprehensiVe General L1abllltv: The CONTRACTOR will provide coverage for all operations InclUding,. but not limited to, contractual, products and complete operations and personal Injury. The illtl/ts will not be less than $1,000,000 Combined Single LImit (COL) or Its equivalent. (3) Comprehensive Automobile Liabllltv: The CONTRACTOR shall prOVide complete coverage for owned ahd non.owned vehicles for limits not less than $1,000,000 CSL or Its eqUiValent. (b) All Insurance other than Workers Compensation to be maintained by the CONTRACTOR shall specifically Iriclude:the.CITY asah additional Insured. Page 15 <)124 (c) The CONTRACTOR shall provide Certificates of Insl,Jrance to the CITY evidencing that all such Insurance Is In effect prior to the Issuance of the first purohaselWorkOrdet under "this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the Insurance fUrnish~d by f:l CONTRACTOR shall relieve the CONTRACTOR of the CONTRi\CTOR' s full responsibility for performance of any obligation Including the CONTRACTOR is indemnification of ~he;:> CITY under this Agreement. If, during the period which an Insurance cOlT.lg~'i1y is providing the Insurance coverage required by ,this Agreement, an insLJranc.e[;;'bompany,{shall: (1) lose Its Certificate of Authority, (2) no longer comply with Sectlon'(41q.57. Flq.tlFi& Statutes, or (3) falf to maintain the requisite Best I S Rating and Flna'nQJ~I. ~,I~Ef CategQ'Y. the CONTRACTOR shall, as soon as the CONTRACTOR haskriq~l~dge ~f;"#J~? such circumstance. Immediately notify the CITY and Immediately replijAA t~~~tln-surance coverage provldeq by the InsuranCe company' with - a different InS'(j&g~tf company meeting the requirements of this A~reement~otll such time as theO(:)NTRACTOR has replaced the unacceptabl~ Insurer WI~'$JI~-rlfi>~.. ce . a~ceptableto the CITY, the CONTRACTOR shall be. deemed to be .~fault o~~s Agre~ement. (d) Tne Insurance covEli1)ge, shdl!~!I~.'~) I?rovlslon .that req. ulres that prior to any changes In the coverage, excepHncreas'~ ~ . aggregate coverage, thirty (30) days prior notice will be given to the CITY bysubmlss -~ a new Certificate of Insurance. (~) The CONTRJ\qrpR shalJ:Jurrtlsh C;~~cate .of Insurance directly to the City's desIgnated represeiit~tM~.. The: :certlflo'ates shall clearly Indioate that the CONTRACTOR has obtained ~In~~tahc,~:ql:the. typel 8niburitand classification required by this Agreement..;:: .'. . ..... -,.'-. (f) Nothing:. In thls'iAgre~Jl1~ht pr.aflY aqtl911 rel~t1ng to this Agreement shall be oqnstrued as th~;I~:GJTY~~:;:WiWje;t::Qf $oVerelgnlmmuhlty beyond the limits set forth lil Section 768.28, Florlda.:Slafufes; (9) The CITyJ.hall riot be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. (h) The CONTRACTOR Is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no lIablllty except as specifically prOVided In this Agreem.ent. (I) All Insurance shall be: primary to, and hot contribute with, any Insurance or self-Insurance maintained by the city. SECTION 22: STANDARDS OF CONDUCT. Page 16 of 24 (a) The CONTRACTOR warrants that It has not employed or retained any company or person. other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation. Individual or firm other than a bona fide employee working solely for the CONTRACTOR. any fee, commission. percentage. gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. (b) The CONTRACTOR shall not dIscriminate on the grounds of race, color, religion. sex, or national origin In the performance of work. ,un.der this .,Agreement or violate any I~ws pertaining ,to civil rl.ghts;equa.l protection or dh3q~lmlnatlOn. ..... (c) The CONTRACTOR hereby certifies that no UJ1dl~closed (In writing) conflict of Interest exists with respect to th~ AQreeQ;J.~nt, Including, 6u(n~t limited to. any conflicts that may be dUe to representatIon Qfol~~;,?lIen~s, cu~torn~rs or ,vendees, other contractual relationships 9f,the CONT%QTO~'~~m:. any Intere~t In property that the CONTRACTOR may have', The CONTBACT0R futt[~J, certlfle$itbat any conflict of Interest thatarls'es during the, term of thls)~\greemeht :shal'i~~lh!rno.i~:ttHateiy' disclosed In writing to the 911Y, VIolation of this 'S;e~8t1on sha":<~b.e con~i~~t:fd as Justification for Immediate termination of this Agree. 13.nt. ' ":, ;~:::::,. . ., (d) The CONTRACTO~.'.' Ji. eJ1ii9.r~ 'that all taxes due from the CONTRACtOR are paid II}~tlmely(.,,(r6~mPlete~tnanner Including. but not limited to. occupational license tax,,;t~{rfl~~~.. \~~~, ~~~ ' ' (e) If the .CITy';'~;~mi~~:'1~:~.t ;~~"emPI0yee or representative of the CONTRACTOR "J~'~~11.~o.~ ,satlsf~~~liy"~a.fttro'rming his/her assigned duties or Is demonstrating ImP&?Fef~1f~JJ~uct "~ltant tb any assignment or work performed under this Agreement, tA,~\ CI~~~~!:!~1l s~;rnotlfy the CONTRACTOR, In :wrltlng, The CONTRACTOR 5hal!;i~lm~~ararEl)~~ernove s!Jch employee or representative of the CO NT ! @~ from~'tas's.lgnmen~, ..t.!;J~ '(,~'''~ f) ~~9r/oJff3ACTOR shall not publish any documents or release Inform. ", ~Trt~ 'I~'f.!\greement to the .medla Wl.thout prior approval of the CITY. (11) . The ,I' TRACTOR .shall certlfy,up'on request by the CITY, that the CONTRAC -',' talns a drug free workpfece :pollcy In accordance wlth,Sectlon 287,0878', F/ori a Statutes. Failure to submit thls,ce.rUrtcatlon may result In termination of this Agreement. (h) If the CONTRACTOR or an affiliate Is placed on the convicted vendor list following a conviction for a public entity crime, such action may result In termination of this Agreement by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth In State law upon request by the CITY, Page 17 of 24 (I) The CITY res~rves the right to unilaterally terminate this Agreement If the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to: provisions of C/;Japter 119, Florida Statutes, ahd other applicable law, and made or received by the CONTRACTOR In conjunction, In any way; with this Agreement. OJ The CONTRACTORshall comply with the requirements of the Americans with Disabilities Act <ADA). ~nd any and all related Federal or St~te laws which prohibits discrimination by public and private entities on the basis of disability, (k) The OITY will not Intentionally award PUblicly..runded contracts to any contractor' who knowingly employs unallt,ho.rlzed ~"en workers,>c~!1s1JhJtlng a vIolation of the employh1'~rif pi'ovlsI9T1s, contained 1n-,8 U.S,C. .Seotloh 1324~(~) Sectlon,~74A(e) of the Immigration and NaflonallyAct(INA). The BITYshall conslder,the employment by the CONTRACTOR of unauthorized aUens.a vl({I~}!Qn of Section 274A(e} o.f the INA. Such violation by the CONTRACTOR of theemJj'!qYment provlslon's contained In Section 274A(e) of the INA shall be gro.l.Inds'for 'Im!n!3dlate ,~~rmlnatlon of this Agreement by the. CITY. ' ',' ~:{;~ ", .,~,:';\): ';~~:1~~;{F (I) The CONTRACtOR .~grees>;;tocomply with F~;8~ral, State, and local environmental, health. and safety lr~~i~~nd ;t~~,~lidlotis applicable to the goods and/or services ,provided to ~he. CITY~1!t1l~~.QNTRAQ.TOR ~grees th~t any prowam _ or' Initiative involving the work.Jh~tcoUldt~~~~$1ly'affe9~ any personnel Involved, cfUzens, residents, users, nelghbor~'~\g,~. surro~~dr~vl~onment will ensure. compliance with any and all employment sa1~1X~:Q.y)!qn~l1tal titl9 health laws. ."'\.~t\ .":'.i";:~''':~.. \~~, ',' (rn) ThelW~TRA~f&~;;:'-=~f~~~ure.thatall goodsand/or services -are provided to the cmw~ft~~, he ca~r.fA6'tOR has obtained, at Its sole and exClusive expense, any ahd ~Ililletrlirt '~L~.~l:'ses~permlsslons, approvals or similar consents. ~}>'..1 ",")~,,:~~*~""~; . ~:~ .'f ,.~....~i'~i.~'~ Vi.';"....~~...,. ~).fdllb appllc~~!::r n ~cco1dance with Section 216,347, FlorIda Sta.tutes, the CONMJ~CT(fR shall ft~t..use funds provided by ,this Agreement for the purpose .of 10bbiD, g the - r~~tfje judicial branch or State agency. \~~ . "'14' ~~, ~:~t,~~ The C' MOTOR .shall advise the OITY In writing of It who has been placed on a.&jscrl ! tory vendor list, may not sui)mlt a bid on a contract to provide goodS or sef\il.q~ .,,~, a public entity, or may rioUransact business with any pl!bllc entity. (p) The CONTRACTOR ,shall not engage In any action that would create a conflict of Interest In the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise relat~d to. this Agreement or which would violate or cause others to vlolat$ the provisions of Part III, Chapter 112, Florida Statutes, relating to'ethics In government. SECTION 23: ACCESS TO RECORDS/AUDIT/PUBLIC RECORDS. Page 1a df 24 (a) The CONTAACTOR shall maintain books, records, do'cuments, time and costs accounts and other eVidence directly related to Its provision 'or performance of services under this Agreement. All time records and cost data shall be maintained In accordance with generally accepted accounting principles. (b) The CONTRAQTOR shall ma,lntalnand allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and/Qr services under this .i.MJreement and date of final payment for said goods and/or services, or date:;~gtfffermlnatlon of this Agreement. ,;:N:f"" .-' 4]~J$~ ,dkF (c) The CITY ,may p~.r1orm, or cause to 'have pEtffst"tme,(j1t;i~'n audit of the records of the CONTRA9TO~ before or after fl!1~1 payment to~~tf6J5'ort f1naJ.1p'~~l11elJt under any PurchaselWork Oi'der,lssued .hereuhder~ This audltshal[M?~ PElJ1Rtrned at a time mutual!~ agreeable to the', CONTRACTOR an'd:th.e, CITY 'sUbseCltt~L1ltto the ,close of the final fiscal period In which goods andlp.r servloe~ are provlded'tor performed, Total compensation to. the CONTRACTOR.maY~b.e;deterinloed 'sulJsequent to an Eiudlt as provided 'for In this SecUe)'n; and the totaicoh1p~t}~,l:lU()rfso.qetetm1ned shall be used to calculate final payment to theCONTRj\bTOR. ,conduct 6fthis' audit shall not delay final payment as requIred by ,this S~QJ Ion.' . c:: . . .... ...:' .~ :.. ", . (d) In addition to. ,th~ ,ab,o \".' , h'fecl~'r~k.~tate, County, or other entity'fl,Jnds are used !or any goods'ancj!or servlc~~i1t\~.~r.thrs;~~reel11el1t, the Co~ptroller Ge~eral of the' Umted States or tb~~W.Q~f Flnan~~al .<m1~g~r- ~fthe State of Florida, or Seminole County, or any representalw,ij;~'~ll~JI. ~&S~ acij'~.$s to any' books, documents. papers, and records of the CONTRAGI!t~.~nlG!(~e dlrtfctly'p.ertlnent- to goods and/or services provided or perforID~~4:under thIS~~Q.ree-m'~tt~for.purpos~s of makin.g audit, examination, excerpts. and tran'~U~~~t',;1(;~ '1~~~~~, . .~ti:~ . ~~t~~~?r:a:\~, ~i;.~) , (e) In the~~~V~R!fi>t)f!},'{{W: aud.1t or Inspection conducted reveals any overp M I 'Y the ot~r~(fn~er the te,rms of theA9reement. the CONTRACTOR shall refu. ch 0 erpaym8'~f~to the CITY Wllhlnthlrty (30) days of notice by the CITY ofthe requ . t forth r f, d, \\'tik ~J;~p '.~, RACTOR agrees to fully c,omply with all State laws relating to (g) The CONTRACTOR agrees that If-any litigation I claim, or ~~dlt Is star1ed before the expiration of the, re.cord:retentlon period established above. the records shall be retained until all litigation, claims or audit flhdlngs Inv.olvlng the records have been resolved and final action taken. SECTION 24: CODES AND DESIGN STANDARDS. (a) All goods and/or services to be 'provlded for performed by the CONTRACTOR shall, at a minimum, be rn conformance with commonly ac.cepted Page 19 of 24 Industry and professional codes and standards; standards of the CITY, and the laws of any and all Federal; State and local regulatoryag'encles. (b) The CONTRACTQR shall be responsible for keeping apprised of any changing laws, applicable to the goods and/or services to be performed' under this Agreement. SECTION 25: ASSIGNABILITY. Ai~}~!-;;' (a) The CONTRAc;T?,Rshall notue~pleti '~sSlgno~Jl,;~r~r anYJ~terest In this Agreement, or claims for the tl,loney. due Qr te,) be9om~:r due~Q!ll o( thl~;~~'greement to a bank. trust company, or otherfinanolal histltutlcin Without writ~eQt9IJj~;~pproval.~ When approved by the CITY. written notice of suohasslgnment or traJl~tqfl~shall beJ~r-nlshed promptly to the CITY, "6';;/;.... ,'~"{:f;r '<t;i*\, (,,'.W~W7 (b) The CONTRACTOR agrees to~~s, oriably participate i/l'j'?lhe contract "piggybacking" programs pertlneht to local~~efnll{e,' ts. SECTiON 26: SUBCONTRAcretf' :~~j '. ~~" il1p' fa) Any CONTRACTOR's 'Pf.9P9~~~I' Bb~ntractors shall be submitted to the CITY for written approval prior .tothe,.:CONli .: 'CTOR entering Into a subcontract. Subcontractor infOrmatiOn. ~hall Inclij~" .~, :byt 'ri8,~~~ limited to, State registrations, business address, occupational: f1csl1se :;tax .p'f()Of of payment, and Insuranc~ certifications, . . . , . , ' (b) The GQNTRACrOR,.shdW':citidrdlhate the provision of goods' and/or services and work ~ptbduct of anY>CITY approved subcontractors, and remain fully responsible for slich gciod$ 'G\od/or'; :servlces and work under lh~ terms of this Agreement. " .. (c) Any subcQ~Ji'act.shallbe Ih writing and shall Incorporate this Agreement and reqLilre the' subcolltr~Rtor.to assume. performance of the 'CONTRACTOR's d.utles commensurately with the 'CONT.RAOTOR's duties tQ the .CITY under this Agreement, It being un~.erstood that nothing herern :,sh~IIIn-.any way relieve th$ CONTRACTOR from arw of Its duties !Jnder this Agreement. The CONTRACTOR shaH provide the CITY with executed copies of all subcontracts. ' (d) The CONTRACTOR shall reasonably cooperate at all time,s with the CITY and other CITY contractors and professIonals, SECTION 27: CONTROLLING LAWSNENUE/INTERPRETATION. (a) This Agreement Is to be governed by the law.s of the State of Florida. Page 20 Qf24 , " 1 (b) Venue for any legal. 'proc~edlng related to thfs Agreement shall be In the Eighteenth Judicial, Circuit Court In ;and for'Semlnole County, Florida. (c) This Agreement Is the result of bona fide arms length negotiations between the'CITV 'and the CONTRACTOR and all parties have contributed substantially an9 materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or Interpreted more strictly against any one party than against any other party. .,:''>, '. ::':" ~.: .:.~.::.::.~.. .' , ,,:lJ.'~' SECTION 28: FORCE MAJEURE, .',~~if/'. , ,';.i.f.E~f~" . :' L'::.;.:..~;' Neither party shall be considereqln default. In perfar1\t~r.9~;K6f"lts obllgatipns hereunder to the extent th~t p.erfbrmance df ~lich obllgcltiohs, or 'an~~f them, ltlffe1ayed or prevented by Force Majeure, Force MaJeure~nall h,clude, b't1t~ot b~;alJrnlted to, hostility, ,terrorism, revolution', civil. commotion. 'strl~e, epidemlcl'fl~~,~~Wltrod, wind, earthquake, explosJon,any law, proclama,tion ..~gLilatlon! or ordlnance"""of other act: of government, or any act of God or any ca e 'Wel ~er bf~1l:'le sam(;l ot different nature, existing or future;provldedth.a1t~e ~~4 " 'f)t,her.' ~not eI1U,rrre..r~ted In this Section Is beyond the cohtrol'.and without the faul ~gnge I r;.of the"j:>.a~y seeking relief under thIs Section, ' ' . '. , SECTION :29: EXTENT OF AGR13E,~E " ,J~EGRATION/AMENDMENT. (a) This Agreen:lI~r.i~itQgether)N.lt~:'~~~ ~XffMlt(S)i If any, constltlJtes the entire Integrated Agreemeht between the ,CiTY,andAhe CONTRACTOR and supersedes all prior written or oralllnderstah~iQgs;h". cqrlhectldn 'therewlth. This Agreement, and all the terms and, prbvl,slom~ contalhE:)d he"f~ltj, Incllld.lng without limitation the exhibits hereto, constl.tutethe, full "and comp.I.~~e agre.ement, between thE} parjles hereto to the date hereof,ahd' s\lperse,(f~~ ~hd".contrbls over any and all prior agreements, understandings', repi'~~eii~a~18fis/:pprrespohdence and statements whether Written or oral. . .::.';" ' , ' (b) ThlsAgreeti:l~nt may onlY be amended, suppleme!lt~d or modified by a formal written amendment .' . (c) Any alterations, amendments, deletlon.s, or waivers of the provisions of this Agreement shall be valid only when expressed In writing and duly signed by the parties. SECTION 30: NOTICES', (a) Whenever elth~r party deslres:tp give notlpe unto the other, It must be given by written notlge, sent by regis,tered Unlted S.ta~es mall; with return receipt requested, addressed to the party 'for Whom it Is Intended, ,at.the. place last specified, and the place for giving of notice shall remain such unUl1t shall have been changed by written notice In compliance with the provisions of this Section. Page 21 0124 c ' (b) For.the present, the parties designate the followill9 as the representative places for giving of notice, to'"wit: For the CITY: City Manager City of Oviedo 400 Alexandria Boulevard Oviedo, Florida 32765 For the CONTRACTO~: ~m~~~B~:~~::~~;~~~~B~O ~gr. '!'I~~~~. Tampa, 11 33619 ,"~~.~,l~\ ."", . . . ..:.;;:_~~. ~j\}~.~." <.c) Written notice requlreme[lt~:onhls AgrE3em~ht~~Qa.M!i~r strictly construed and such requirements are a condltlon:-.pr~cedenU(1' pursulf1~~liy rights or remedies hereunder. The CONTRACTOR agrees neino ~lahi1any walver"by CITY of such notice req,ulrements based. upon CITY ha\{(~~1lctuatk90W,'I,edge, h1'1~lIed, verbal or constructive notice, lack of prejudice or any offt'{~QI.~,unds~~ a substitute for the failure of the CONTRACTOR t? c~mp.~ with th'l'~{)e~~~.~s 'w~.ltten notice re~ulrements herein. Computer notiflcatl.on (~-rn~J.!~~~_d nies,l.~g~~~e~,rds) shall not constitute proper written notice under the terms of {He.~gr.~~men~h "'~~~~, ';~~~i~}. .~~;'tt~.~.~~i~\ ;/ SECTION 3J;,:},,{AIVISR:~"S1i,. '~-ci~t.~l~ '.'. ."::. .",. -to .. "I The failure offlne' 'GI~:Jq.,I!ul!~!;ln any Jn~tanGeupon the strict perform.ance of any provision ot-thls Ag.re<?rn~nt/dr.:1Q 'exerclse any right or prIvilege granted to the CITY hereunder shall not con~(IfU'teeir be construed as a wa1ver of any such provision or right and the same shall cor1tiri,ue In force, SECTION 32: NO (;ENERAL CITY OBLIGATION; (a) In no event. shall any Obligation of the CITY under this Agreement be or constitute a general obligation or Indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or Indebtedness of the CITY within the meaning of the Constftutlonof the state of Florida 'or any other applicable laws, but shall be payable solely from legally avallablerevehues'and funds, (b) The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power o'f the CITY, SECTION 33: EXHIBITS, Page 22 or 24 ~'---- -, . . ! I Each exhibit referred to and attached to this Agreement Is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even If not physically attached hereto, shall be treated as If they are Pl;lrt'of this Agreement. SECTION 34: CAPTIONS, The Section headings and captions of this Agreement are for convenience and reference only and In no way define, limit, descrIbe the scope or Intent of this Agreement or any part thereof, or In any way affect this Agreement or construe any provision of this Agreement. ' , , '. SECTION 35: SEVERABILITY/CONSTRUCTION. ". ~~~. ", (a) If anY ~e.rm, provision or condltlan c'$q~l~ed In this A!;Jre,e,ment shall, to any extent, be held Invalid ,or une.nforce~ble,l' th~. rerrt~!Il'per of thl~ ~greement, or the application of such term, provision ;9r con9,1~~?n:,tb'i~;~~sbh.~~~ clrcym~!ances other than those In respect of Which It Is Invalldor,.~nenforce~~~(e! st'i~R~~.2:tf~. affected thereby, and each term, provision andcondJttonof,thls Agre,~rtient sh~Il~P,~~ahdand enforceable to' the fullest extent perm!tteq byla , hen:cpn~lstE)tlrwlth equl{~tand the publlo Interest. . (b) All provisions 6f,thlsA ',~:!lfu~"nt sh-all.;be read and.applled In para materia with all other provisions he~?-~f. '\~~ "q~;~~, ' SECTION 36: AL 1l~~~IME J~~~~\t\\sESOLlJTION (ADR). ''<;W;4~:1';;~\~1i'r,''. ~4~t ',' (a) I~ th24~~~~t 01a a)~'~je te'f~~$)toany performance or paymentobligatlon arlslr)g underthls~~gfe~~J)}~nt, thlfj'~rtle.s agree to exhaust any alternative dispute resolution procedur,~~; rea~g.Q~~~~!Ii1~sed by the CITY 'prlor to filing suit or otherwise pursuing I al remedl~~,.,tj,~,%,p '\~~\:r.{i~, "{~. ~::~~~ ~,;;:t' ,-' I ) The CO \~" CTOR agrees th~t It will file no suit or otherwise pursue legal :' medl ~~I.~ .0~Iacts or ~vldentlarY materials that Were. not presented for consl, ...It mthEl, IT'i$"'ln ,alternative dispute resol~tlon procedures or, which the CONT~ OR had ,~ wledge and failed to present dunngthe CITY procedures. (c) ~1lmf-a event that CITY proct;idwes are exhausted 'and a suit Is flied or legal remedies are: otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection, and 'tfle procedures to be employed In voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be sh~redequally among the parties participating In the mediation. SECTION 37: COUNTERPARTS. Page 23 of 24 .': This Agreement may be executed In any number of counterparts, each of which shall be deemed an orifjinal, but all 'of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF. the parties hereto have ,made 'ahd executed this Agreement on th~ respectlye dates under efJch slgnah.lre: the CITY through Its City Council taking action on the _ d~y of , 200__, and the CONTRACTOR sighing by arid through Its di.dyauthdrlied corpQr~t~ offl.cer having the full and complete authority to execute same,' ATTEST: By:.f" ":t~21~1h" Oate, ,".'.,.. . ........ '~'f~\\1t;(~#-~:!!' .ClmY -OF OVIECfo' ATTEST: .-!i. .' .,. "~;~~:r." 'Ehi:' ~j',!t, "..J:':,::> .~. ,'. .~ '\5i.r{~i). '''00-, . ~.\Th ., t. .. ~',l,'l~" '?':?',.'.;..~~~.>. :...~~..~~~~~.;.\.1... ,~.~. .. ~~~~~';.~:~,~;~-, ~{~~ "'''11Y Manager ./;~, . .\ff.~~~~1i:~~J.t.~, \"\~ -';j , ,,:!);!l;.:..,. "j" ,~i' Date. .:~~"~!{~~~*~,'~ " "d' ' ",>,,\ -:<:1",,1,0-,, "'~':. "~I:~J-) +";l~*)':.... \.~}' \'Jt.\A%~'t'?:*-~, '. \f{;.f", . -.1,O'f." . .;,.4~Y!~f.\:V4,~ .r",,,,,~ /.r.*.'~ '-""~V'" For th~, ~cl rell~uf~~ef'the City of Ovle: t lSnly. Approved\~~ to form and 'I sul2 ~~!. .:f'j~. City Clerk Page 24 of 24 .11 :-- ADDENDUM NO.1 CITY OF OVIEDO Bid #09-20 Water Treatment Chemicals TO: Prospective Bidders and Others Concerned: This Addendum is in response to questions from interested bidders and forms a part of the Contract Documents. Acknowledge receipt of this Addendum on the outside of the Proposal envelope. 1. The city's bid documents do not indicate the pricing terms being requested for this bid. Could you please advise if the city accepts pricing increases as indicated by the market or if pricing is to be calculated as firm for the contract length? If pricing increases are accepted, how often will they be allowed? The pricing is to be fmn for the ftrst year of the contract. At each contract renewal, pricing will be negotiated. If a price cannot be agreed upon, the City reserves the right to rebid the chemical in question. END OF ADDENDUM NUMBER 1